
Glass 
Book 



COPYRIGHT DEPOSIT 



I 



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THE 



POLITICAL HISTORY 



OF THE 



UNITED STATES; 

OR, 

POPULAR SOYEREiaNTY AND CITIZENSHIP; BIRTH AND 
GROWTH OF THE COLONIES ; MARCH TO INDEPEN- 
DENCE; CONSTITUTIONAL GOVERNMENT; 

PRESIDENTS AND ADMINISTRATIONS; 

CONGRESSES AND POLITICAL MEASURES; PARTY PLAT- 
FORMS AND PRINCIPLES; 

RISE AND FALL OF PARTIES. 

QUESTIOE"S OF THE HOUE- 

y/- x^ CrVTL SERVICE REFORM, POLYGAMY, PROHIBITION, 
i,5~ SURPLUS REVENUE, 

TJII^IFF U FI(EE TPDE, 

AnGuaiENTS For and Against, Review of Tarifp Acts. 

/ 
BY JAMES P. BOYD, A.M., 

AUTHOR OF " MILITARY AND CIVIL LIFE OF GENERAL U. S. GRANT," 
WONDERS OF THE HEAVENS, EARTH AND OCEAN," " TEACHER's BIBLE DICTIONARY/* 
"history OF DENOMINATIONS," ETC. 



ELABORATELY ILLUSTRATED. 



P. W. ZIEGLER & CO., 
Philadelphia, Pa. ; Chicago, III. 

1888. 







Copyright, 1888, by 
JAMES P. BOYD 



PREFACE. 




N this book the author seeks to present correct and 
desirable information respecting the political origin, 
growth and management of our government. Or- 
dinarily this kind of information is beyond popular 
reach, or if accessible, it too often comes tinged 
with partisan color. As no branch of knowledge 
is more useful than that which appertains to our 
political institutions, so none should shine in a 
clearer light, or be more freely at the disposal of 
our people. The author is fully aware of the difficulty of compressing 
all that ought to be known of the political side of our country into a 
single volume. Yet with proper arrangement and succinct statement 
he is hopeful of making a book which will prove both entertaining 
and useful to the general reader, as well as profitable to those who 
incline to a closer study of political affairs. 

His plan is to first set the reader to thinking about the nature of 
the Republic, and his duty as a citizen under it. He is then invited 
to a brief study of those little colonial pictures which once dotted the 
Atlantic coast and formed the starting points of our national ex- 
istence. With a fair conception of them he will have a key to un- 
lock many subsequent political mysteries. Especially will he know 
when and why the drift set in toward the great American Republic, 
and the manner of men into whose hands its destinies were to fall. 
Following the chain of events link by link, he will be gradually led 
forward toward Colonial Independence, the first appearance of Federal 
government under the Articles of Confederation, and then to the 
complete government under the present Constitution. To have a 
clear conception of our political existence up to this interesting period 
is certainly a satisfactory and essential part of an every-day education. 

(3) 



4 PREFACE. 

Passing into our Constitutional existence, the reader will then be 
asked to glance at the measures by which we acquired our immense 
territory, subdivided it into States, and finally made those States com- 
ponent parts of the Union. Turning to the Federal Machinery, or 
Method of Government, he will learn how Presidents are chosen, how 
Congresses, Cabinets, Courts and Departments are formed — what 
they are all for and what they all do. With an understanding of this 
vast and intricate system, he will be prepared to take the next step in 
the author's plan. 

It would not be fair to the average reader to say that he is less in- 
terested in our earlier than our later political history ; yet, true it is 
that many prefer to date their political knowledge no further back 
than the first Administration of Washington, and to confine it to those 
events which constitute practical politics and largely reflect the senti- 
ments and embrace the measures of the respective political parties. 
In order to gratify the fullest wish in this respect the author presents 
an impartial outline of all the Administrations, of the political policy 
which shaped and dominated each, of the political measures framed 
by all the Congresses, and of the origin, principles and conduct of all 
the National political parties. He has given in this connection the 
facts just as found in the best records, official and otherwise, and with 
no other motive than to preserve the historic verities. From the 
amount of labor and care bestowed on this branch of our political 
history it is the author's hope that it will be found refreshing to those 
who have lived through portions of it, a source of grateful instruction 
to our younger people, and a reliable fountain whence debaters, public 
speakers and legislators can readily draw when they wish to prime 
themselves for special occasions. 

To complete the plan of the book, a view is taken of the political 
questions which constitute the issues of the day. They are under dis- 
cussion now, and will be for some time. Knowledge of them is de- 
sirable and proper, and what is found under each subject is simply an 
impersonal and non-partisan presentation of the facts with a view to 
making history rather than influencing sentiment. 

The effort, throughout, has been to preserve a crisp and cheerful 
style so as to convey pleasure as well as instruction. If such a 
history seems in anywise to create a higher respect for our political 
institutions, or a broadei; and better citizenship, the author's wish in 
preparing it will not have been a vain one. 



CONTENTS. 



POPULAR SOVEREIGNTY AND CITIZENSHIP. 

The forms of government — Nature of Democracy — What is a Republic ? — A 
Commonwealth — Popular government — Sovereignty — Origin of sovereignty 
— What is required of the citizen — What the State asks — How to qualify for 
citizenship — The school of the campaign — The school of historic and politi- 
cal reading — The true qualification 1 1-23 



BIRTH AND GROWTH OF THE COLONIES— MARCH TOWARD 
INDEPENDENCE— ACQUIRING THE PUBLIC DOMAIN. 

First owners of our soil — European titles — Are our titles good ? — First English 
patent — England wins a continent — French and Spanish claims — National 
rivalries — Raleigh's Huguenot scheme — First Colonial charier — English foot- 
hold at Jamestown — The settlers and their government — Tobacco, cotton and 
slaves — Maryland and Lord Baltimore — Plymouth Council — First Puritan, 
or Pilgrim, advent — Second Puritan advent — Massachusetts on the map — 
Birth of Rhode Island — Connecticut takes shape — A united New England — 
Freaks of Charles II. in the Colonies — Great Colonial progress — Dawn of 
North Carolina — South Carolina and Locke's famous Constitution — The 
Dutch realm — The Swede holds the Delaware — New Jersey rises amid 
Dutch ruins — The Quaker and Pennsylvania — Last of the Dutch realm and 
dawn of New York — Independent Delaware — Georgia and Oglethorpe's 
asylum — English revolution of 1688, and results to the Colonies — Outlines 
of the old thirteen States — French Empire west of the Alleghenies — Eng- 
land gets to the Mississippi — Her bad financial fix — Drift toward American 
Independence — Taxation and a Colonial Congress — The first American 
party — Tea act and another Congress — Congress and Colonial Union — 
Declaration of Independence — The Congress and government of the revolu- 
tion — Union of the Confederation — State cessions of public domain and 
further building — The Louisiana purchase — Spain cedes Florida — The 
Oregon treaty — Texas annexation — Mexican cession — Gadsden purchase — 
Alaskan purchase — Grand Territorial summary 25-1 1 2 

(5) 



6 CONTENTS. 

FROM COLONY TO STATE— THE UNITED STATES UNDER 
THE ARTICLES AND THE CONSTITUTION. 

From Colony to State — Government of the revolution — Articles of the Confed- 
eration — Their merits and defects — Origin of the great seal of the Union — 
History of the National Flag — Dawn of the Constitution — History of its 
framing and adoption — The new government started — Sentiment of the 
fathers — The old thirteen States — Adjusting the National Territory — Intro- 
duction of new States — Reasons why they came — Order of admission — Ter- 
ritorial history of each — Tearing down and rebuilding — Organization of the 
Territories — ^Completion of the political structure 1 13-150 

THE FOUR GREAT PAPERS, EMBRACING CARDINAL PRINCI- 
PLES OF THE REPUBLIC. 

Declaration of Independence — Full text of the document — Fac-simile auto- 
graphs of all the signers. 

Articles of Confederation — Full text of the Articles — Resolution of the Con- 
tinental Congress respecting them. 

Constitution of the United States — Full text of the instrument — All the 
amendments — Dates when proposed and adopted — Resolution of the conven- 
tion — Washington's address to the Congress. 

Washington's Farewell Address — Full text of the immortal production — 
Eloquent dying exhortations to the people 151-185 

OUR PLAN OF GOVERNMENT— THE GREAT BRANCHES AND 
DEPARTMENTS— DESCRIPTION OF ENTIRE GOVERNMENT 
MACHINERY. 

The three great branches of government — Legislative Branch — Congress, its 
divisions, and how formed — The Senate, its nature, powers and duties — 
Election of Senators — Senate machinery — House of Representatives — Elec- 
tion of members of Congress — Their number, and manner of apportionment — 
Organization of the House — Territorial Delegates — House machinery — The 
way laws are made — Congressional library — Public Printing-offices 187-200 

Executive Department — President-making — Presidential electors — The Elec- 
toral College — Choosing of electors — President's duties and powers — His i 
Cabinet — How chosen, with a history of its growth — The Vice-President, ' 
his powers and duties 201-207 

Department of State — Its history, nature and duties — Machinery of the 
Department — The Diplomatic Service — Ministers Plenipotentiary — Ministers 
Resident — Charge d' Affaires and Secretaries of Legation — Consular Service 
— All the Secretaries of State, with date of their appointment 208-212 

Treasury Department — Creative acts — Secretary of Treasury, his powers and 
duties — Machinery of the Department — All the Divisions and Bureaus — 
Officers of each and their duties — The Customs Service— Internal Revenue 
Service — National Banks, their history, how founded and erected— Their 
circulation and uses — National debt and bonds — History of the various debts, 



CONTENTS. 7 

and of our present funding system — The National credit — Losses of the 
Treasury Department under the respective Administrations — All the Secre- 
taries of the Treasury, with the dates of their appointment 213-227 

The War Department — History of the Department — Powers and duties of 
the Secretary — Machinery of the Department, its sub-departments, Bureaus 
and Divisions —Signal-office and Weather Bureau — All the Secretaries of War, 
with dates of their appointment — The United States Army, its organization, 
size and discipline — Military Academy, its studies, officers and students. .228-236 

The Navy Department — History of its organization — Powers and duties of 
the Secretary of Navy — The Bureaus and sub-divisions of the Department — 
The Naval Academy, its studies, officers and students — United States Navy, 
organization and discipline — Marine Corps — All the Secretaries of Navy, 
with dates of appointment 237-241 

Interior Department — History of its organization — Powers and duties of the 
Secretary of Interior — The Land Office and public land system — Pension 
Office, with history of pension system — Indian Affairs, and our dealings with 
the natives — The Patent Office — Census Office, with method of taking censuses 
— Bureau of Education — All the Secretaries of the Interior, with dates of 
their appointment 242-251 

Post-ofiice Department — History of its organization, and of the various 
postal systems — Powers and duties of Postmaster-General — Machinery of the 
Department — Modern features of our postal system — All the Postmasters- 
General, with dates of appointment 252-254 

Department of Justice — History of the Department — Powers and duties of 
the Attorneys- General — All the Attorneys-General, with dates of appoint- 
ment 255 

Department of Agriculture — Creative act — Powers and duties of Commis- 
sioner of Agriculture 256 

Judicial Department — The third co-ordinate branch of government; its im- 
portance in the political system — Uses and powers of the Judiciary — Its 
machinery and methods of working — The Supreme Court of the United 
States — How officered and worked — All the Judges, with dates of appoint- 
ment and terms of service — The Circuit Courts — Their officers and the 
Circuit Districts — The District Courts, their organization, powers and duties 
— National Court of Claims — District Attorneys, Marshals and Juries — 
Admiralty and Maritime Courts 257-266 

Government of the Territories — How Federal power passes into them — 
Government of the District of Columbia 267-270 

EARLY POLITICS— PRESIDENTS AND ADMINISTRATIONS- 
CONGRESSES AND POLITICAL MEASURES — RISE AND 
FALL OF PARTIES. 

Parties in-general — Uses of Parties — First Parties — Parties of the Revolution — 
Of the Confederation — Of the Constitution — Parties of the new government 
— Federal and Anti-Federal 271-276 

Washington's First Administration — The vote, the Cabinet, and the Con- 
gresses — The Constitutional Amendments — Commerce and the Tariff — 



8 CONTENTS. 

Hamilton's policy — The First National Bank — The "Whisky Rebellion^ 
Political conditions — Second Presidential election — Rise of the Republican 
party 277-285 

Second Administration — The vote, Cabinet and Congresses — Policy of the 
new Administration — Trouble with France — Antagonism of England — The 
first foreign policy — Fierce party contests in Congress — Eleventh Amendment 
to the Constitution — Amended Tariff Act — Republican attack on the Adminis- 
tration — Conflict between the House and President over Jay's treaty — Wash- 
ington's farewell address — Election of 1796 286-295 

Adams* Administration — The vote, Cabinet and Congresses — Policy of the 
Administration — Armed neutrality — Envoys to France — Alien and Sedition 
laws — Naturalization law — Federal and Republican policies — Kentucky and 
Virginia Resolutions of 1798 and 1799 — Election of 1800 — First political 
platform — Disputed election — Transfer of the Capitol to Washington. . . .296-305 

Jefferson's Administrations — Votes, Cabinets and Congresses— The great 
political revolution — Nature of the new power — Removals from office — Pur- 
chase of Louisiana — First articles of impeachment — Election of 1804 — The 
political situation — Burr's trial — Internal improvements — Party measures — 
Embargo act — Election of 1808 — Character of the campaign 306-319 

Madison's Administrations — Votes, Cabinets, and the Congresses — The 
Political Situation — Failure to re-charter a National Bank — Declaration of 
War— Tariff of 1812 — Election of 1812 — The Clinton platform — Attitude of 
States and Parties — The war and the treaty of Ghent — Political results — 
Hartford Convention — Death of the Federal party — A new National Bank 
— Election of 1816. , , „ . . .320-331 

Monroe's Administrations — The votes, the Cabinets, the Congresses — The 
inaugural — Era of good feeling — Policy of the President — ^Jackson's invasion 
of Florida — Purchase of Florida — Beginning of the slavery agitation — Mis- 
souri Compromise — Election of 1820 — The Monroe Doctrine — Clay's "Amer- 
ican System " — Financial distress — Tariff of 1824 — Disputed election of 
1824 — Disruption of the Republican party 332-345 

John Q. Adams' Administration — The vote, Cabinet and Congresses — The 
National Republican (Whig) party — Democratic party — First Convention of 
Protectionists — Restatement of the " Monroe doctrine " — Tariff act of 1828 
— Election of 1828 346-350 

Jackson's Administrations — The Votes, Cabinets and Congresses — Jackson's 
policy — Victor and spoils — Anti-Masonic party — The pocket veto — Webster's 
and Hayne's debate — Tariff of 1832-33 — Election of 1832 — Party platforms 
— Nullification — Death of the National Bank — Surplus revenue — Panic of 
1837 — First nominating conventions — Election of 1836 — Anti-slavery 
party 35 1-372 

Van Buren's Administration — Vote, Cabinet and Congresses — The Presi- 
dent's policy — Independent Treasury act — Slavery agitation — Election of 
1840 and Whig success — Party platforms 373-379 

Harrison's and Tyler's Administration — Vote, Cabinet and Congresses — 
Harrison's death-»-Tyler deserts the Whigs — Clay's retirement — Tariff of 
1842 — Texas and the Slavery question — Election of 1844 — 54° 40^ or fight 
— The platforms and issues 380-388 



CONTENTS. 9 

Polk's Administration — Vote, Cabinet and Congresses — The message — Mexi- 
can War — First appearance of the American party — Wilmot Proviso — Oregon 
Boundary — Tariff of 1846 — Treaty of Guadaloupe - Hidalgo — Calhoun 
threatens secession — The Oregon bill — Election of 1848 — Platforms and 
nominees — Free Soil Democrats 389-398 

Taylor's Administration — Vote, Cabinet and Congresses — Calhoun's new 
doctrine — Compromise of 1850 — ^Taylor's death — The political situation — 
Popular sovereignty — Election of 1852 — The parties and platforms — Nebraska 
bill 399-407 

Pierce's Administration — Vote, Cabinet and Congresses — Political situation 
— Kansas and Nebraska bill — Native American Party — Line of 36° 30'' 
Kansas trouble — Election of 1856 — Rise of the Republican party — Tariff of 
1857 — Panic of 1857 408-420 

Buchanan's Administration — Vote, Cabinet and Congresses — Political situa- 
tion — Dred Scott Decision — Squatter sovereignty and slavery — John Brown 
raid — The Lecompton Constitution — Covode inquiry — Election of i860 — 
Conventions and platforms — Division in the Democratic party — Efforts at 
Compromise — The secession movement 421-434 

Lincoln's Administrations — Political situation — Secession and War — War 
legislation in the Congresses — Tariff of 1861 — The attitude of parties — The 
Greenback system — Abolition of Slavery — Election of 1864 — Parties and 
platforms — Peace and Assassination — Reconstruction under Johnson — Oppo- 
sition to his party and impeachment — Election of 1868 — Parties and plat- 
forms 435-461 

Grant's Administrations — Vote, Cabinet and Congresses — Difficult recon- 
struction — The political situation — Legal tenders — Election of 1872 — Liberal 
Republican party — Conventions and platforms — Tariff of 1874 — Resumption 
act — Dawn of civil service reform — Civil rights bill — Election of 1876 — 
The parties and their platforms — The disputed result 462-485 

Hayes' Administration — Political Situation — Silver coinage — Civil service 
reform — Chinese bill — Election of 1880 — Parties and Platforms 486-496 

Garfield's and Arthur's Administration — Vote, Cabinet and Congresses — 
Garfield's assassination — Arthur's Cabinet — Tariff of 1883 — New postal law 
— Reduction of internal revenue — Civil service reform bill — The civil service 
commission — Message to 48th Congress — Measures of 48th Congress — " Hor- 
izontal reduction " of tariff — The Blair educational bill — Party conventions 
— Parly candidates — Platforms of all parties — The campaign — Election of 
1884 — The political revolution — Retiracy of President Arthur 497-513 

Cleveland's Administration — The electoral count — Popular vote — Officers 
of the Cabinet — President's inaugural — The political situation — Death of 
Vice-President Hendricks — First session of 49th Congress — The President's 
Message — The protection element in the Democratic party — Strength of 
parties in the Congress — Election of Mr. Carlisle as Speaker — Controversy 
between the President and Senate — The Morrison tariff bill — End of the 
session — 49th Congress, 2d session — The President's message — The political 
outlook — A short and confused session — Revenue reduction — Enmity toward 
the tariff — The anti-polygamy bill — Inter-state commerce — Trade Dollars — 



10 CONTENTS. 

Pensions to Mexican soldiers: — End of the Congress — 50th Congress, 1st 
session — The President's short and special message — Its free trade views — 
The Treasury surplus — Joy of the President's friends — Criticism of the Pro- 
tectionists — A square issue — The amended Cabinet — The Fishery Question — 
The amount of Treasury surplus— The political outlook 514-528 

PRESENT POLITICAL QUESTIONS. 

Civil Service Reform — Its nature — History abroad — History at home — First 
attempts at reform — Second attempts at reform — The Pendleton law — Civil 
Service Commission and its work — Arguments for and against Civil Service. ia-2ia 

Polygamy — History of Mormonism — Mormon condition — Mormon creed^ — 
Polygamy proper — Congressional legislation — Sentiment for and against. 2^a-4ia 

Prohibition — What it is — Historic growth — Local option — Direct Law — Pro- 
hibition party — For and against — Several phases <^2a-^'ja 

Surplus Revenue — History of, abroad — History of, at home — The present 
question — Arguments for and against ^Sa-Jla 

Protection and Free Trade — Nature of the subject — Labor and capital — 
Free Trade — Protection — Taxation — Tariff — The English policy — British 
Colonial policy — The American Thought — Free Trade era — Nature of the 
new powers — Tariff and Free Trade legislation — For and against — The 
protective era — Cleveland's message to 50th Congress — Its Free Trade tenor — 
Attitude of Free Trade Democrats — Views of Protection Democrats — Opposi- 
tion of Protectionists — Sentiment of English newspapers — Review of the 
controversy of 1888 — Shaping of party lines — Modern logic of Protection — 
Statistics of growth for twenty-five years — The policy of protecting labor — Free 
raw materials — Where manufacture begins and ends — Monopoly and privi- 
leged classes — All the arguments pro and con 72^-1 12a 




'-.^-' 




POPULAR 

SOVEREIGNTY AND CITIZENSHIP. 




N a democracy, where the right of making laws resides in 
the people at large, public virtue, or goodness of in- 
tention, is more likely to be found than either of the 
other qualities of government. Popular assemblies are 
frequently foolish in their contrivance and weak in their 
execution, but generally mean to do the thing that is right and just 

^nd have always a degree of patriotism and public spirit 

Democracies are usually the best calculated to direct the end of 
law ; aristocracies to invent the means by which that end shall 
be obtained ; and monarchies to carry these means into execu- 
tion. — Blackstone, Vol. i., p. 49. 

This division of government into three forms is almost as old 
as the oldest writings on politics and law. It is only a general 
division, for there are other kinds of government besides these, 
but all kinds were, and are, regarded as reducible to one or the 
other of these heads. 

Though it is not Blackstone's division, yet what he says of the 
merits of each kind of government is pretty generally accepted 
as true, and is taught in law and political schools. While his 
comparative view is brief, apt and suggestive, it is nevertheless 
the view of one who drew on his then historic past for the ma- 
terial out of which to weave opinions. In that past were many 

(11) 



12 POLITICAL HISTORY OF 

democratic experiments, some of them pure democracies, others 
modified democracies called republics, whose rapid rise, bright 
meteoric career and swift decline, warranted his view.* 

He did not teach that there was anything solid and enduring 
about a democracy. Had he written but yesterday he would 
have written amid greater light and perhaps not so much in 
sympathy with the notion which is so largely abroad in mon- 
archies and aristocracies that our grand American experiment is 
but a " Great Republican Bubble." f 

You hear the words " democracy " and "republic" used in- 
discriminately. Perhaps you so use them yourself If so, your 
ideas may be clear respecting them, but such use is liable to lead 
to confusion in the minds of ot;hers, unless their full meaning be 
understood. 

DEMOCRACY. — The democracy to which Blackstone refers 
is doubtless a pure democracy ; that is, the democracy in which 
the demos, or people, met in periodic assembly, talked over their 
public affairs, passed their laws and elected their rulers, very much 
as we meet at our annual, or other, elections to record our wishes, 
except that their assembly was a deliberative body like our legis- 
latures or congress, as well as a voting body. 

A better idea of it may be gotten by supposing that all the 

* The popular assembly of Athens could not consist of less than 6,000 citizens. 
The general assembly of Sparta was attended by all the freemen of Laconia. The 
republic of Venice, and the short-lived republics of Genoa and Pisa, were only repub- 
lics in name. The people ultimately lost their power to ambitious doges and coun- 
cils. The truest democracy was that of the ancient German tribes, where affairs of 
government were discussed and settled at their festal gatherings. That these were 
" foolish in their contrivance and weak in their execution," may be accepted as true, 
for all hands were encouraged to get gloriously drunk on the principle that they 
would then let out the true secrets of their mind. 

f Boynton in his " Four Great Powers " says : " It (the rebellion) has proved that 
a popular government is not necessarily a weak one, and that a free unwarlike 
people, unused to the restraints of thorough organization and discipline, can yet as- 
sume almost at once the highest forms of national life, can reshape, without con- 
fusion, their M^hole industrial energy to meet the demands of sudden war, can bring 
forth, organize and hold in hand all their resources, and with all the skill.and science 
of the age, can wield a thoroughly compacted national strength, greater in propor- 
tion to population than has been exhibited by any other power on earth," 



THE UNITED STATES. 13 

voters of a state * should say to themselves, " We will not go 
to the trouble and expense of voting for members to represent 
us in the legislature, but we will all go to the capitol, or place of 
assemblage, and in popular meeting pass the laws ourselves." 
This would be the true and original general assembly of the 
demos, or people, and such a government would be a pure 
democracy. It is quite plain that such a form of government 
would be fitted for only a very primitive people and a very small 
state. 

There is no such thing as a democracy in this sense now. It 
would be too heavy and" too unwieldy a piece of machinery to 
work, or if it went at all, it would be very noisy and uncertain in 
its motion. The democracy which is meant by an every-day use 
of the word, or by the word when left unexplained, is democracy 
in its secondary or modified sense ; that is, democracy in a repre- 
sentative form. 

We do not all go to the general assembly to make laws, but 
we go to the polls and vote for some one to go in our stead, to 
represent us there, as the saying is. We still preserve the name 
" general assembly " — though largely substituted by the word 
" legislature " — to designate the place of meeting, not of the 
people at large, or of such of them as are called voters, but of 
the people through and by means of their chosen representatives. 
We are not in the general assembly directly, but we are there 
indirectly. We do not speak there with our own mouths but 
through our chosen mouth-pieces. We do not vote directly for 
our laws, but our representatives, who are supposed to know our 
wishes and who are responsible to us, vote for us. This is a 

* Or rather all the people of a state, for the Declaration of Independence says 
" governments derive their just powers from the consent of the governed ; " and 
the preamble to the Constitution reads, " We the people do ordain and establish, 
etc. ; " upon w^hich Judge Sharswood remarks, " that in the freest nations — even in 
the republics which compose the United States — the consent of the entire people 
has never been expressly obtained. The people comprehend all the men, women 
and children of every class and age. A certain number of men have assumed to 
act in the name of all the community. The qualification of electors or voters was in 
general settled by the colonial charters, as well as the principle that the acts of a 
majority of such electors were binding on the whole." 



14 POLITICAL HISTORY OF 

much cheaper and handier kind of democracy than that first 
spoken of. It is the kind which must be understood when the 
term " democracy " is used without explanation, or in connection 
with our form of government. This government then is not a 
pure democracy, but a modified, or representative democracy; 
nevertheless it is a democracy. 

REPUBLIC. — And as a democracy, it is equally a republic, 
for " republic " is very well defined as a form of government in 
which the sovereign, or law-making, power is exercised by 
means of representatives chosen by the people. The two terms, 
" democracy " and " republic," here come together in their mean- 
ing, and one may be used for the other without fear of con- 
fusion. 

COMMONWEALTH.— Yo\x find in your reading other terms 
used to convey the same idea as " democracy " or *' republic." 
The word " commonwealth " is one of them. And a very good 
word it is, too. Commonwealth is the common weal, health or 
happiness. It was not the democracy or republic of Cromwell,* 
but the commonwealth of Cromwell, though strictly it was all 
three, using democracy in its secondary sense as above explained. 
And this word " commonwealth " is much used by the respec- 
tive States of our Union, as the " Commonwealth of Pennsyl- 
vania," " Commonwealth of Virginia," etc. Indeed, so popular 
and well fixed has this usage of the word become that it may be 
said to distinguish the smaller or fractional republic, otherwise 
called a State, from the Federal Republic, otherwise called the 
United States. 

POPULAR GOVERNMENT.— ThQ phrase "popular gov- 
ernment," or " popular form of government," is common among 
speakers and writers when they refer to a democracy or republic. 
It is a pleasing phrase and hath much meaning. Every govern- 
ment which is endured, liked and sustained is in one sense 
" popular." In another sense every government which is par- 

* The word " commonwealth " has got a meaning in English history as the form 
of government established on the death of Charles I., in 1649, and which existed 
under Cromwell and his son Richard, ending with the abdication of the latter in 
1659. 



THE UNITED STATES. 15 

tially representative, as a limited monarchy, is popular. But see 
the different shades of meaning embraced in the word " popular." 
In the first sense a despotism may be a popular form of govern- 
ment, in that the people may like it, but in the sense that they 
participate in it, help to carry it on, it is most decidedly 
unpopular. 

In the expression " popular government " the word " popu- 
lar " has, therefore, its true and original meaning, " of or belong- 
ing to the people." Perhaps the expression was never so happily 
paraphrased as when Mr. Lincoln, referring to our " popular 
form of government " in his oration at Gettysburg, called it " a 
government of the people, by the people, and for the people." 

Popular is what is of and belongs to the populus^ the people. 
The popular voice is the people's voice. The popular vote is 
the people's vote. Popular elections are the people's elections. 
Popular institutions are the people's institutions. A popular 
government is the people's government. And so, by contrast 
with those forms of government in which the people have no 
voice at all, and even in contrast with those forms in which they 
have a partial voice, the phrase " popular government," or " pop- 
ular form of government," gets a meaning which always points 
out clearly a democracy, a republic, or a commonwealth. Our 
government is a popular form of government, or a popular 
government. 

We happily know more about this kind of a government than 
Mr. Blackstone did. Our national experiment, so wisely started 
by our fathers, so adequate to every strain, has proved that a 
popular form of government, one in which the sovereignty is 
vested in the people, one in which the people are the rulers, is 
not necessarily weak or perishable, nor illy fitted to secure to the 
governed the ends for which it was established. Every one who 
has chosen to make himself acquainted with its history,' and who 
has not ? has seen such a government grow in size, strength and 
importance, in spite of the fierce obstacles of wars without and 
Wars within. He has seen it acquire, populate, cement and give 
law and order to vast regions it did not own at the start. He 
has seen it rise from small and not very harmonious beginnings 



16 POLITICAL HISTORY OF 

till it has assumed the highest form of national life and con- 
quered one of the first seats in the great political system which 
embraces all the civilized nations of the earth. 

SOVEREIGNTY. — Amid this splendid growth, these evi- 
dences of inherent strength, these promises of durability, who 
does not feel new pride in our first and greatest axiom, " The 
sovereignty is in us, the people." Would that this pride were 
strong enough to impress every citizen with the need of special 
qualification for his high office, for his is an office — ^that of 
sovereign — and one with broader meaning and deeper function 
than that of the governor or president he helps to create. 

In no country of the world does the word " sovereignty," as 
attached to the individual, have so much significance as in the 
United States. It is not merely a claim or a boast, but it is an 
inherent power which he may exercise on all proper occasions 
and in accordance with his own free will, and which he ought to 
exercise if he expects to be content with the laws and those who 
execute them. Knowledge of this supreme endowment ought 
to inspire every citizen with higher notions of manhood, ought to 
deepen his interest in the affairs of society and the State, ought 
to make him feel that there is no education so important as that 
which will teach him how best to turn the power he wields to 
the account of himself and those about him. True, he is but 
one sovereign among many, and he may feel that his voice is 
weak, his identity lost ; but let an attempt be made to rob him 
of his endowment, and he will feel as if the loss were a mighty 
one indeed, one which could not well be borne. He would 
fight against its loss, as if it were the dearest thing on earth to 
him. 

The true majesty and moving effect of individual sovereignty 
are visible when it is united with that of other individuals all 
along any line of political action. One soldier does not make 
an army, nor one man a nation, but many soldiers and many 
men. So sovereignty gets to be an imposing and effective force, 
gets to be sovereignty indeed, when it is a thing resident in, jor 
bubbling forth from, a set of men, a society, a people, a nation. 
In the individual it was a still small voice, in the nation it is 



THE UNITED STATES. ^7 

Jove's chariot thundering in the heavens and shaking the earth.* 
Then, indeed, it means law, presidents and governors, constitu- 
tions, states, empires, and in an hour of great public grievance, 
or of incendiary partisan rage, it may mean the defiance of law, 
the overthrow of officials, the smashing of constitutions, the 
upheaval of states, the crashing of empires. It is a power for 
evil as well as good, a source of danger as well as safety. 

WHENCE SO VEREIGNTY SPRANG.— In the after part of 
this volume there will be many opportunities of learning how the 
notions of popular liberty and the doctrines of popular sovereignty 
which are now a part of our national life were planted in our soil 
and cultivated among our colonial fathers. But the lesson of 
their importance to us cannot be fully learned, nor can their bear- 
ing upon the rest of the world be completely realized till we con- 
sider how many and what desperate battles they had to fight in 
the old world before they commanded any degree of respect. It 
was not the part of any feudal government to recognize sover- 
eignty as in the people. Yet there never was a time when the 
people did not feel that all sovereignt}^ was in them. Conse- 
quently a\l political history is marked here and there by volcanic 
eruptions of popular will, by upheavals of the masses in, too often, 
vain attempts to assert the power to rule themselves, which they 
felt was God-given and inherent. The democracies that tossed 
and writhed and tormented and spent themselves in very excess 
of agony, were simply the boiling up through hard feudal surfaces 
of that spirit which we now proudly claim and exercise as free- 
men. The republics which gave a mouth to every Grecian, bred 
in every Roman a sense of dignity, imparted a feeling of man- 
hood to every Venetian, taught England that the " divinity 
which hedges a king " was no more divine than that which 

* Some writers prefer not to speak of sovereignty as in the individual. They 
only recognize sovereignty as something residing in and coming out of an aggregate 
of individuals, a nation. Thus Brownson : " Sovereignty, under God, inheres in 
the organic people, or the people as a republic," It is only a question of when to 
begin to call it sovereignty. As a source of pride to the individual citizen he might 
as well be made to feel that his exercise of the elective franchise is an evidence of 
the sovereignty that is within him, as not. The water of each of an hundred springs 
that make up the river is in the river, whatever you may say. 
2 



18 POLITICAL HISTORY OF 

hedges a mere citizen, were all so many protests on the part of 
the people against the doctrine of potentates that power does not 
rise from the masses, but comes down to them through masters. 
Rulers were always smarter than the uneducated, noisy, inco- 
herent, careless masses. Hence democracies and republics were 
short lived. A shrewd or unscrupulous ruler was more than a 
match for brawling assembly, or a jealous and discordant set of 
electors. The Doges of Venice literally ran away with the 
power entrusted to them by the people, and royal diplomacy 
manoeuvred England out of Cromwellian republicanism in ten 
years time. In all these battles for sovereignty the masses were 
at a decided disadvantage. They were, in general, not educated. 
If religious, their religion did not admit the freedom of con- 
science. If freemen, the modern doctrine of personal and civil 
liberty was not understood by them. If voters, the value of 
sovereignty was not appreciated. But with the reformation came 
a flood of daylight upon the lowly. Conscience got loose and 
shook itself rejoicingly, being free from fetters. Reading and 
thinking got down to the bases of society, and new notions of 
{personal and civil liberty began to prevail. Subjects began to 
feel that they were men with rights which even sovereigns must 
respect, and most of all that they were a source of power which 
even sovereigns could be made to fear. Great minds got to 
writing about the sources of power, the responsibilities of 
citizenship, the relation of rulers to the ruled, the nature of 
liberty, the value of sovereignty, the duty of the freeman to as- 
sert his rights. Parties or sects — you can as yet scarcely distin- 
guish between the two — sprang up, some to fight for their 
religion through their politics, and some to fight for their politics 
through their religion. In England the Puritan got to be a 
stubborn force, so did the Independent, and the Presbyterian, 
and the Quaker, all discordant, yet all united, in so far as the 
drift of their thought and influence was toward intellectual 
moral and political freedom, and the ultimate right of man to 
choose his own rulers and make his own laws. These were 
brave souls and they clung to their convictions and indoctrinated 
their fellows amid social ostracism and state persecution. Ham- 



THE UNITED STATES, I9 

pered on all sides by forms too hard to break through, over> 
shadowed by power too well entrenched to be easily dislodged, 
feeling that their doctrines were pervading, permanent and vital 
enough to bear transplanting, and knowing that an open conti- 
nent lay beyond the ocean, they were ripe for the experiment of 
American colonization. 

WE SHOULD PREPARE OURSELVES.—ThQ propriety 
of, nay the necessity for, educating statesmen * is not doubted. 
Yet here we are, old and young, all of us, statesmen by right, 
and each endowed with a dignity and authority to which your 
statesman in fact is willing to take off his hat. Nothing is so 
pleasing and assuring as to see an office-holder well qualified 
for his office. Yet we are all office-holders, in that personal 
sovereignty is within each man's keeping. We go about our 
work or pleasure with what may be called the highest office, at 
least the highest responsibility, in the land, hanging to our per- 
sons, and inseparable from us. 

The citizen makes a terrible mistake, one which may any day 
bring disaster to his country and himself, who supposes that he 
can properly fill his high office, perform his full duty as sov- 
ereign, without any previous thought or qualification. He cannot 
be a safe repository of power who does not know what power is, 
and when and how to exercise it. One cannot be a good presi- 
dent maker who has no idea of what a president is for, and what 
a good one is like. The man who is ignorant of legislation or 
the quality of a safe legislator is not fit to choose a representa- 
tive in congress or the general assembly. You could scarcely 
expect a person without judgment to select a good judge for 
you. While the principle that every man is a sovereign, or that 
sovereignty resides in the people, is a glorious and inspiring one, 
it would be most dangerous to our own peace and to the per- 

* What is specially needed in statesmen is public spirit, intelligence, foresight, 
broad views, manly feelings, wisdom, energy, resolution ; and when statesmen with 
these qualities are placed at the head of affairs, the state, if not already lost, can, 
however far gone it may be, be recovered, restored, reinvigorated, advanced, and 
private vice and corruption disappear in the splendor of public virtue. — Brownson' s 
American Republic. 



20 POLITICAL HISTORY OF 

petuity of the nation, if we were all as ignorant and brutish as 
South Sea Islanders, or as indifferent as the free-footed Bedouins 
of the desert. It is only a safe and tolerable principle here and 
now because, as a rule, some kind of qualification exists, or be- 
cause, as a theory, sufficient qualification is presumed ; or, to 
state it in other words, because the result of the ballot is suffi- 
ciently on the side of purity and intelligence to answer as a set- 
off against an impure and ignorant ballot. 

A CONTRACT WITH THE STATB.~The ballot is the 
legal means of giving expression to the will, or sovereignty, that 
is within us. Ought there ever to be a doubt about its intelli- 
gence and safety ? Ought government, through and by means 
of the ballot, to be a sort of political hit or miss game, a thing 
to make one say, ''Oh well, it is all wrong in this or that matter, 
but we will trust to another turn of the wheel to correct it ? " 
We ought not to forget that despotism, aristocracy, monarchy, 
and every form of government which does not rank as popular, 
finds a strong vindication in its distrust of the masses, and in its 
doctrine that the sovereignty which comes up out of the people 
Is uncertain, gross, and unsafe. The answer to the claim that 
the masses ought to govern themselves always was, " Let them 
prove that they are equal to the task." In the face of all the 
obstacles presented — their own ignorance as well as the superior 
intelligence and adroitness of their masters — they generally failed 
to prove it, and the laugh was on the side of the *' powers that 
be." It was only when time had worked great changes in the 
condition of the common people, and when they began to give 
some proofs of their ability to master political situations, that the 
power which emanated from them, the state or government, got 
to be of any account. And now, under our form of government, 
does there not exist a secret understanding, an implied contract, 
a tacit pledge, between the state and the citizen, to the effect that 
one shall do all he can to qualify himself for his responsibilities, 
in turn for the protection and comfort the other affords ? If 
such contract does not exist, the citizen is none the less respon- 
sible, and he must still face the question, " If ballots are even 
yet barely safe because those which are qualified outnumber 



THE UNITED STATES. 21 

those which are not qualified, what might we not expect in the 
shape of stronger government and better institutions, if all were 
qualified ? " The obligation of every sovereign citizen to qualify 
himself for the intelligent exercise of the power that is within 
him is deep, impressive, awful. Does he realize it ? * 

HOW QUALIFY f— Whatever will make the citizen think 
more seriously of his political obligations, whatever will enable 
him to give truthful, safe, and telling expression to the sover- 
eignty that is within him, is a schooling of no mean order. 
Streams cannot rise higher than their source, creatures cannot 
be superior to their creators, institutions cannot be better than 
their supporters. Governments, laws, officials are, in general, a 
fair reflex of the ballots which make them. Before they can be 
raised to high and safe standards, we must rise to high and safe 
standards of citizenship. We must never admit that because a 
majority of us are qualified to exercise sovereignty, therefore 
things are safe. Things never can be absolutely safe till all are 
qualified. Our common schooling is a great help to us. But it 
is not of that special kind which is calculated to acquaint us 
with political situations, sharpen our wits as rulers, stimulate our 
pride of citizenship. Few of us ever think about our duty to the 
government till we are reminded of it by the alarum of a political 
campaign. Then as a short cut toward qualifying ourselves, we 
rush pellmell to school to the teachers who appear on the stump 
and in a declamatory, off-hand way, attempt to prove to us all 
kinds of impossibilities and demonstrate all undemonstrable 
things. These very eloquent teachers are seldom clear, dispas- 
sionate, or impartial. They may be mere creatures of prejudice 
or ambition. As a rule they rely more on the arts which cap- 
tivate than on the logic which persuades, more on the tricks 
which deceive than on the facts which convince. Their appeals 

*Our republic has been reared for immortality, if the work of man may aspire to 
such title. It may, nevertheless, perish in an hour by the folly, corruption, or neg- 
ligence of its only keepers, the people. Republics are created by the virtue, public 
spirit, and intelligence of the citizens. They fall when the wise are banished from 
the public councils, because they dare to be honest, and the profligate are rewarded, 
because they flatter the people in order to betray them. — Story on the Constitution. 



22 POLITICAL HISTORY OF 

are to the passions and not to the solid judgments of men. The 
most they want is votes, not as winged principles, but as some- 
thing to be counted in one, two, three order for their favorite 
candidate. There is but one class of scholar who is truly at 
home in this ringing, jostling, exciting school. He is the one 
who will not qualify himself in any other way, who is fond of the 
hurly-burly, delights in brass bands and ear-splitting hurrahs, 
loves the delirium of passion, and supports the ticket, no matter 
who is on it or what principles it embodies. Conviction goes 
to the dogs with such an one, sovereignty is a Chinese gong, 
the franchise a batch of fire -works, and election day a glorifica- 
tion. 

You will say, " but better this school than none." Assuredly. 
We do not design to diminish its importance further than that is 
effected by showing that it is not the best school, and should not 
be the only one, in which to learn our duties as citizens, or to 
get substantial notions of our high privileges. It is very 
pleasant to hear speeches, delightful to be carried away by ora- 
torical flights and figures, gratifying to see an enemy's scalp 
raised by the keen knife of sarcasm, inspiring to be appealed to 
in various pathetic ways, but it is all very much like going to a 
theatre to dwell for a little time in the midst of sentiments and 
passions. It is an intoxicating, short-lived schooling, which may 
tide one over an emergency, but leaves the mind to as sad a re- 
action as a drink of spirits does the body. 

The best qualification of the citizen is that which is always 
going on. He may quicken it by the usual agencies of the cam- 
paign, brush up, as it were, at each call to exercise his sover- 
eignty, but the solid, solemn work of preparation ought to begin 
with the child and never end till death ends it. The course of 
study cannot be mapped. Tastes vary, and time is not at the 
command of all alike. But it is safe to say that all may learn, 
and should, what will make them prouder of the distinction of 
sovereign citizen, what will enable them to handle, without dan- 
ger to themselves or others, the sharp weapon of the ballot, 
what will give them bigger and broader views of their country 
and institutions, what will enlarge their manhood and make them 



THE UNITED STATES. 23 

feel their importance as factors in further building and perpetu- 
ating this vast temple of government, which is even now over- 
shadowing all others and influencing all others for their good. 
For the greater encouragement of the young, and for overcom- 
ing the indifference of those of riper years, let this fact not es- 
cape attention. The people are closer to their rulers and their 
government now than ever before in its history. Just as they 
prepare themselves for the duty of personal rulers, they rise in im- 
portance with their political rulers. Just as they are able to 
think accurately for themselves, formulate their thoughts suc- 
cinctly, and defend them stoutly, in that proportion the political 
ruler hearkens unto them and takes his cue from them. It is for 
this reason that reform is twice as speedy now as it was twenty 
years ago. The better informed, the stronger, the more resolute 
the constituency, the surer it is of a prompt and certain echo 
from its representative. And this is as it should be, for the 
whole theory of sovereignty with us is, that power passes up- 
ward from the people, never downward. So, ability to instruct 
and judge should pass in the same direction. While the respon- 
sibility of the people is thus greater, the duty of the legislator is 
simpler and easier. 



*f^,^ 



W^ -^B- -ill ""— ^Jjf-J J^ 



■'■/mJwm 



Am 




PIONF;EH PISCOVEKERS AND EXPLORERS. 




BIRTH AND GROWTH OF THE COLONIES. 

MARCH TO INDEPENDENCE. 

ACQUIRING OUR PUBLIC DOMAIN, 

II HE FIRST OWNERS.— When America was discov- 
ill ered the title to the soil was in the Indian. He was 
sovereign proprietor. He acknowledged no obedience, 
allegiance, nor subordination to any foreign nation. He 
has never to this day yielded a jot or tittle of his original 
right of dominion, except when he sold out voluntarily, or was 
forced by arms into a treaty. His claim was precisely like that 
of all civilized nations, a claim based on exclusive possession 
and use for his purposes, for hunting, for trading, for subsistence. 
If he had no fields, no fixed towns, few of the things which 
fasten other folks to one spot, it was nobody's business. That 
did not invalidate his claim in the least. 

THE EUROPEAN TITLE.— Th^ discovery of America in 
1492 brought across the ocean the doctrine that general title to 
all the new lands and the right to govern them rested on the fact of 
discovery. Perhaps it would be better to say, the discovery of 
America was the date of the invention of this doctrine. The 
legal doctrine of discovery was, that title to the soil was in the 
discoverer provided the territory discovered were unoccupied, 
uninhabited. Why was this doctrine twisted out of all legal 
shape, or so greatly enlarged ? Because the Indian was a 
heathen. The Christian thought of the time did not draw a line 
between political and spiritual sovereignty. The right to con- 
vert a heathen carried everything with it — right to govern him, 
right to own his soil. In a word, he was, if unconverted, an 
encumbrance, and it became a Christian duty and glory to con* 



2g POLITICAL HISTORY OF 

quer him and possess his domains.* This is what made the 
broad claim of title by discovery defensible, or rather, it is what 
reconciled it to the European mind, for no lawyer would ever 
agree, without fee in advance, to establish the righteousness of a 
title by discovery to an unknown inhabited land, be the inhabitants 
heathen or not. Imagine the King of the Cannibal Isles sailing 
out and striking the, to him, unknown coast of America at San 
Francisco, and, landing and planting his banners in the soil, tak- 
ing possession and declaring the whole country his by right of 
first discovery. How many of us would quake at the thought 
that we, heathen to the great king, would have to give up our 
titles and pass under a new dynasty Pf How many of us would 
acquiesce in his bold claim, or do other than the Indian has 
done — deny his right to soil and dominion, and fight to the death 
against it? 

ARE OUR TITLES GOOD ?—ln law, time is a great cura- 
tive. We can at least plead that we ought not to be disturbed, 
because lapse of time has come in to cure the defects of our 
title by discovery. However indefensible in law or morals the 
European title to our soil was, the then civilized nations stood 
committed to it, and we are entitled to the excuse which this 
general commitment furnishes. It was a policy erroneous and 
despotic. But even such policy may lead to results which, after 
a long time, ought not to be questioned or disturbed. Besides, 

* It might be curious to inquire how far we are away from this doctrine now. Is 
not the red man still in the road? Has not our national policy toward him always 
savored too much of the policy of the pioneer, that because he is in the way and 
his land is good, therefore it is right to drive him away and take it ? 

f " The truth is, the European nations paid not the slightest regard to the rights 
of the native tribes. They treated them as mere barbarians and heathens, whom if 
they were not at liberty to exterminate, they were entitled to deem as mere tempor- 
ary occupants of the soil. They might convert them to Christianity, and, if they re- 
fused conversion, they might drive them from the soil as unworthy to inhabit it. 
They affected to be governed by the desire to promote the cause of Christianity, and 
were aided in this ostensible object by the whole influence of the papal power. 
But their real object was to extend their own power, and increase their own wealth 
by acquiring the treasures as well as the territory of the New World. Avarice and am- 
bition were at the bottom of all their original enterprises." — Sio7'y on the Constitu- 
tion. 



THE UNITED STATES. 27 

the Indians were much dealt with outside of this policy. In 
some instances it was modified by the sovereigns themselves in 
granting charters ; in others by the proprietaries in acquiring 
their lands ; in others still by the actual settlers. These, in 
a more becoming spirit of humanity and with a view to having 
their titles peaceable and perfect at the start, actually bought the 
soil of the Indian, and left him free to enjoy his tribal form of 
government. It need not be assumed that any very clearly or . 
elegantly worded contracts were made, nor that deeds contain- 
ing exact descriptions of the lands were given, nor even that 
anything like fair prices were paid, according to our notions of 
value, yet the fact that the Indian, accustomed to roam a con- 
tinent, with no attachment to locality, and therefore with no idea 
of an acre or its equivalent in cash, assented to the terms, gives 
the transaction validity in law. 

FIRST ENGLISH PATENT.— Wh^t a grand rush there 
was for discovery and possession as soon as land was known to 
exist amid the waters which supposably stretched from West- 
ern Europe to Eastern Asia ! In this rush, and so far as we are 
concerned, England got the lead. The Cabots, father and sons, 
Bristol merchants in long commerce with the fishermen of Iceland 
who may have told of Greenland, first discovered the continent 
of America.* With a boldness second only to that of Colum- 
bus, and a confidence which almost compels us to think they 
were familiar with Icelandic traditions, they went into the midst 
of the unknown waters, bearing a patent from the politic Henry 
VII., one clause of which read : " Empowering them to search 
for islands, countries, provinces, or regions, hitherto unseen by 
Christian people ; to affix the banners of England on any city, 
island or continent they might find, and, as vassals f of the Eng- 
lish crown, possess and occupy the territories that might be 
discovered." 

* We readily accept the Icelandic history — it is certainly more than tradition — that 
their people were in communication with the fishing-grounds of Newfoundland and 
the eastern coast of America centuries before Columbus sailed. But, so far as 
national or political results followed, we must speak of Cabot's discovery as the first. 

f Observe the feudal word vassal. " The first maxim of feudal tenure (title) was 



2g POLITICAL HISTORY OF 

ENGLAND GETS A CONTINENT.— Thxs clause is in- 
teresting as part of the most ancient American state paper in 
England, and, further, it gave to England an entire continent. 
Its date is March 5, 1496. The Cabots struck the continent 
in N. lat 56°, Labrador, in June, 1497, fourteen months before 
Columbus, on his third voyage, came in sight of the mainland 
off the mouth of the Orinoco. You ask why England didn't 
hold the continent if she claimed by right of discovery. The 
answer is she did not know she had one to hold. Again, when 
she learned that it was really a continent, and was anxious for a 
title as against some other discoverer or occupant, she always 
made bold to set up the one founded on this discovery. It 
always served her when she was the stronger party and nothing 
was wanting but a pretext to title. And just here it is well to 
note that this whole matter of title by discovery underwent many 
changes. Several nations set up claims to the continent because 
each thought it had discovered it. Ignorant of its geography 
and of the discoveries of others, each nation had to modify its 
claims under certain circumstances. 

FRENCH CLAIMS.— ^ot knowing what they had struck, 
the planting of the English banners on Labrador did not deter 
other nations from joining in the hunt for possession. Nor did 
a second voyage (1498), by Sebastian Cabot, which resulted in a 
profile of the coast from Newfoundland to Albemarle Sound. 
The French came skirting up the coast * from North Carolina, 
stopping at New York, at Newport, thence on to Nova Scotia, 
striking the grand fishing-grounds, a field they never quit till 
driven off two hundred and forty years afterwards (1763) by the 
English.f Though ten to twenty years later than the Cabots J 

that all lands were originally granted by the sovereign and therefore held of the 
crown. The grantee, who had only a use, according to the terms of the grant, was 
called the feudatory or vassal (tenant)." — Blackstone, vol. ii., p. 53. 

^ The voyage of John Verrazzani, an Italian in the employ of Francis I., of 
France, in the " Dolphin" (1524), reads like a novel. 

j- We use the modern names of these places for convenience. The French names, 
as St. John, St. Lawrence, Cape Breton, are all early. 

J Within seven years of the discovery of the continent, the fisheries of New- 
foundland were known to the hardy mariners of Brittany and Normandy.—- 



THE UNITED STATES. 29 

in asserting title, the French took a decided lead in discovery 
and settlement in their St Lawrence region, New France. 
Champlain was anxious to found a state, and he backed up De 
Monts, who had gotten a patent for the sovereignty of Acadia, 
extending from Philadelphia to beyond Montreal (1603). It was 
to be a Huguenot country, but the Jesuits came also. Though 
they wrangled much, Champlain managed to hold the line of the 
St. Lawrence for France, and the settlements there became the 
source of that wonderful Jesuit movement beyond Niagara, out 
the chain of the great lakes and down the Mississippi to the 
gulf* 

SPANISH CLAIMS. — For years after 1492, Spain had been 
working her way through the Caribbean Islands, and in 15 12 
struck Florida. Ponce de Leon first saw this land on Easter 
Sunday (Pascua Florida). This meant a continent for Spain, as 
much as the discovery of Labrador by the Cabots meant one 
for England, though De Leon supposed it only an island. He 
was to have its government on the condition that he colonized 
it. Spain did not trust to mere discovery so much as to actual 
settlement. The natives fought the Spanish off, and wounded 
De Leon unto death. Thirty years after along came De Soto, 
an old friend of Pizarro, who desired to rival him in wealth and 
Cortes in glory. He began his wonderful freebooting march to 
the Mississippi, beneath whose waters he found a grave.f What 
was Florida ? In Spanish imagination it was everything from 
the Gulf of Mexico to Newfoundland, and as far west as the 
" River of Palms " (Mississippi) or as land extended. Canada 
was in the Spaniard's Florida; so was Louisiana; and so every 
intermediate mountain chain and waving prairie. The Missis- 
sippi rose in Florida and emptied in Florida. Not a nation dis- 
puted her claims so far as they embraced the Gulf coast. 

* Carder's voyages (1527 to 1542) planted the French standard in all that in- 
definite country of Norimbega. He built a fort at Quebec in 1541. 

•}• Narvaez previously made a similar march to the " River of Palms " and on to 
the Pacific. The story of his exploits is too wild for belief. The Spanish under 
Gomez had also skirted the coast to New England, calling the country The Land 
of Gomez. 



30 POLITICAL HISTORY OF 

THE RIVAL CLAIMANTS.— HevQ then were three rivals, 
all claiming the same lands as discoverers. England claimed a 
continent, or would have done so had she known it was a conti- 
nent. France in mapping her New France claimed from Dela- 
ware bay northward. Spain claimed for her Florida, or New 
Spain, everything from the Gulf of Mexico to Newfoundland. 
What a chance for future troubles ! But as yet these claims 
were so misty and vague as not to be worth fighting about. In- 
deed they did not serve even as a bar to other claims on the 
ground of discovery by these same nations or by others, espe- 
cially when a permanent settlement followed. Thus when Coligny 
wanted (1562) to establish a Huguenot colony and found a 
Protestant French empire in America* he selected Florida as the 
site, and calling it Carolina, after Charles IX. of France, gave it 
a limit extending from St. Augustine to Port Royal entrance. 
His first colony failed (1563). In 1565 he tried another which 
brought a storm about French ears. Maddened at this audacious 
attempt to set up a Protestant empire within her Catholic 
domains, Spain drove the French colonists out and proclaiming 
Philip II. monarch of all North America hastened to found St. 
Augustine (1565), the oldest town in the United States by forty 
years. The fighting period had now arrived, and home jealousies 
and wars had as much to do with colonial disturbances as any- 
thing else. England had broken away from Catholicism : why 
shouldn't she be jealous of Spanish ascendency in the New World? 
The century, or thereabouts, since the discovery of America, had 
fired European rulers with a mania for the enlargement of their 
empires by discovery. The idea grew more and more popular 
that titles by discovery, in order to be substantial, should be 
backed by actual settlement. It was found that no mean trade 
could be driven with the natives in the shape of furs, etc., and 
that our coasts furnished favorable fishing-grounds. The thrill- 
ing stories of Spanish adventure, conquest and enrichment in. 
Peru and Mexico had gotten abroad and were filling men of 
every nationality with dreams of El Dorados in all parts of the 

* A disastrous attempt, under the special co-operation of Calvin himself, had 
been made to found a similar empire at Rio Janeiro in Brazil. — Southeys Brazil, 



THE UNITED STATES. 31 

New World. Religious enthusiasm built imaginary abiding- 
places in the wilderness for the faithful, away from persecution, 
competition and all state interference. Humanitarians, philan- 
thropists, political theorists, saw golden opportunity in the 
American wilds for great reformed and reforming empires. 
Bankrupt nobility pictured to itself a renewal of estates and 
titles amid our splendid virgin areas on a far larger and grander 
scale than their fathers had ever heard of 

RALEIGH'S SCHEME.— ^2X€\g\v had been a pupil of 
Coligny. He dreamed of an empire for England on the very 
spot whence the Protestants of France had been expelled. He 
therefore took up Coligny 's failure. Armed with a patent from 
Queen Elizabeth (1584) he tried his experiment a little farther 
north and under more favorable auspices. But failure awaited 
him also. His abandoned '* City of Raleigh " on the barren 
island of Roanoke (1587) was two centuries later (1792), and by 
solemn act of the legislature of North Carolina, revived in its 
capital " The City of Raleigh." As Coligny's scheme gave to 
the Carolinas (the New France of the South) a name, so Raleigh's 
gave to the indefinite territory of his patent the name of Virginia, 
afcer the virgin queen.* 

FIRST COLONIAL ^CHARTER.— Tmmkg the century 
(1600) England was better prepared than any other country for 
adventure, or say permanent settlement, in North America. The 

* This attempt of Raleigh to found a Huguenot colony under English auspices 
as a set-off to Spanish Catholic influence on the South did more to spread a correct 
idea of the soil, climate, inhabitants and resources of the new land than any other 
thus far. Its historian. Harlot, was a keen observer. He observed the culture of 
tobacco and accustomed himself to its use, after the Indian fashion. He studied 
the maize crop and noted its productiveness. He also tried the potato with the 
natives and found it very good food. The natives were treated as men, and the 
chief, Manteo, was given a peerage, the first in Anglo-American annals. It ought 
not to escape attention that Raleigh took possession of this Virginia country, so signal 
a part of Spanish Florida, and at so late a date, by reason of discover)-. He of 
course knew of Coligny's claim to the same for France. But France and England 
could afford to pull together in the scheme of a Huguenot (Protestant) colony or 
empire right down upon and overshadowing Catholic Florida. It was a long-headed, 
deeply concocted scheme on the part of Raleigh and Elizabeth, and one that Eng- 
land, or rather Protestantism, could afford to take much stock in. 



32 POLITICAL HISTORY. 

timid policy of King James I. (1603-1625) in throwing out of 
employment the gallant seamen who had served under Elizabeth 
left them no option but to engage in the quarrels of strangers or 
seek employment, wealth and fame in the new world. The 
vague uncertain title of the first discoverer could now be backed 
up by actual settlement. That possession which was then as 
much as even ten points of law could be brought into play. A 
true colonial scheme could be developed and practised which 
would not only reduce the wilderness to an inchoate govern- 
ment, but anchor it safely at the foot of the throne. 

Now see the hold this spirit of colonization had gotten in 
England. The influential assigns of Raleigh's patent, the 
wealthy Gorges, governor of Plymouth (Eng.), the experienced 
Gosnold who first set English foot on Cape Cod (1602), the 
enthusiastic Captain Smith, the persevering Hakluyt, historian 
of all the early voyages, and towering above all, the Lord Chief 
Justice himself, Sir John Popham — these formed a coterie whose 
plea " to deduce a colony into Virginia " James I. could not 
resist. He granted them the first colonial charter under which 
the English were planted in America, April 10, 1606. Do not 
forget the date : it is an important one, the beginning of many 
real things in connection with our government. Do not forget 
the coterie. They were tenacious men, representative of Eng- 
land's wealth and influence at home and her adventure abroad, 
and they or their assigns come up continually from this time on 
to disturb future titles and worry future colonists. Do not fail 
either to look a little into the charter itself, for its bearings on 
our history and institutions are direct, and it shows in what 
shape English monarchy first fastened itself on our soil. 

The charter gave twelve degrees, reaching from Cape Fear, 
N. C, to Halifax, Nova Scotia (34° to 45° N. lat.), to two rival 
companies, one of London, the other of towns in the west of 
England.* The London Company (Southern Colony), which 

*The first goes, popularly, by the name of the London Company. As its portion 
of the above grant was the southern part of Virginia and its settlement on the James 
river, it is knovv^n to our history as the Southern Colony. The second company, 
whose residents were rqostly at Plymouth, is called, popularly, the Western Company, 




QUEEN ELIZABETH, 



33 



34 POLITICAL HISTORY OF 

alone succeeded, had right to occupy from 34° to 38° ; that is, 
from Cape Fear to the southern limit of Maryland. The Western 
or Plymouth Company (Northern Colony) had right to occupy 
from 41° to 45° ; that is, from say New York to Halifax. From 
38° to 41° was open to both, with right to the soil fifty miles 
north or south of any actual settlement they might make therein.* 
The government was a Council in England appointed by the 
king. A Local Council had charge of local affairs in the re- 
spective colonies. The king reserved the right of supreme leg- 
islative authority and supervision. The emigrant and his 
children should continue to be Englishmen. The original 
grantees or patentees were to hold the lands and other rights by 
the tenure of free and common socage, and not in capite.\ The 
patentees could of course regrant their lands to actual col- 
onists according to the tenures they held. The hard, impractic- 
able features of the charter were that the emigrant had no elec- 
tive franchise, no right of self-government. The power was first 

or the Plymouth Company, and as their part of the grant was in the north of Vir- 
ginia, i. e., from New York to Halifax, it is known in our history as the Northern 
Colony, but chiefly by its failures. 

* " The name of ' Virginia ' was generally confined to the Southern Colony, and 
the name of * Plymouth Company ' was assumed by the Northern Colony. From 
the former the States south of the Potomac may be said to have had their origin, and 
from the latter the States of New England." — Story on the Constitution. 

f This is very important as marking a point of decided departure from the feudal 
tenures based on military service, or tenures in capite. flowever rapidly the process 
of undermining feudal institutions may have been going on, it must have been a 
very bitter pill for a sovereign like King James to give such a signal recognition of 
their decadence, for be it known his signature to this charter not only broke in on all 
precedent for military (capite) tenure to land in America, but established the most 
democratic tenure then known in England, tenure by " free and common socage." 
This tenure existed only in Kent (Eng.) under the title gavelkind, "given to all 
the males alike." Says Blackstone, " It is probable the socage (plow service) 
tenures were the relics of Saxon liberty, retained by such persons as had neither 
forfeited them to the king nor been obliged to exchange their tenure for the more 
honorable though more burdensome tenure of knight service. This is peculiarly re- 
markable in the tenure which prevails in Kent, called gavelkind, which is ac- 
knowledged to be a species of socage tenure, the preservation whereof inviolate 
from the innovations of the Norman conqueror is a fact universally known, and 
those who have thus preserved their liberties are said to hold in free and common 
socage y 



THE UNITED STATES. 35 

in a trading company composed of a select few, of which the 
actual settler was not one ; then in a Local Council, in which he 
had no voice ; then in a Supreme Council at home, which could 
never know him and could never have sympathy with his 
rights ; lastly in the king himself, who not only created and dis- 
missed the Supreme Council at pleasure, but held the power of 
making or revising their legislation. It was a truly wonderful 
scheme, and one, in most respects, well calculated to tickle the 
vanity of a weak prince. What wonder that, under it, the Local 
Council got to be a pure aristocracy entirely independent of the 
settlers, the people ! What wonder that no element of popular 
liberty found its way into the government of the colony when 
its code of laws was completed and received kingly sanction ! 
And what wonder the parliament of England speedily raised the 
question — a question which would not down until the American 
revolution — of how far the king was a usurper of their powers 
in assuming legislative authority abroad ! Even the religion of 
the colonist was, under this memorable instrument, to be that 
of the Church of England. 

One may well say all this was a long way off from what kings 
were afterwards taught to grant, and from that spirit of free 
thought and action which now pervades our institutions. Under 
such a charter and code permanent colonization at a distance 
from home, and in a spot where everything invited to freedom, 
was impossible. Every effort to plant under it, or to make it 
work for the good of emigrants, showed its imperfections in glar- 
ing colors. The weeding and paring process began early. 

ENGLAND'S PERMANENT FOOTHOLD.— Und^r this 
charter the London Company founded Jamestown, Va., May, 
1607, one hundred and nine years after Cabot's discovery of the 
Continent, and forty-one after Spain had settled Florida. As the 
Puritan, destined for the Hudson, was blown upon Cape Cod, so 
the three ships with the Virginia Colony were blown past 
Raleigh's old settlement at Roanoke, and into the waters of the 
Chesapeake. One year would have settled the fate of James- 
town, but for Captain Smith, who had fought for freedom in 
Holland, roamed France for pleasure, visited Egypt for study, 



36^ POLITICAL HISTORY. 

plunged into Mohammedan warfare for glory, escaped from Con- 
stantinople to Russia for safety^ and now entered as hero on a 
drama the most exciting and thrilling of all. Even his ingenuity 
in handling hostile natives, and his unbending will, stronger than 
that of cowardly governor (Wingfield and Ratcliffe) or famished, 
rebellious emigrant, could not have saved the colony, but for an 
amendment to the charter government which robbed the king of 
the supreme legislative powers he had reserved and turned them 
over to the company and its governors. This gave to Smith's 
genius a fuller rein. He made the gentlemen colonists work, 
saying, " He who would not work might not eat." He entreated 
the company to send " more suitable persons for Virginia." " I 
entreat you," he writes, " rather send but thirty carpenters, hus- 
bandmen, gardeners, fishermen, blacksmiths, masons and diggers 
up of trees' roots, well provided, than a thousand of such as we 
have." Hopeless as his task seemed he held his control of the 
unruly colonists till disabled by an accidental explosion of gun- 
powder he was forced to go to England for treatment, without 
reward of any kind but the applause of conscience and the 
world. He was the true father of Virginia, and, vastly more, the 
pioneer who secured to the Saxon race its first permanent foot- 
hold within the borders of the United States. Virginia was a 
fact, but as yet a limitless fact. And this it proved, and con- 
tinued to prove, that just as the king was shorn of his charter 
powers, and just as the Home Council and the governors were 
deprived of their arbitrary control, and the same passed over to 
and began to be exercised by the people under the forms 
of law, in that proportion the colony throve. America was 
no place for restricted individual rights nor absolute foreign 
authority. 

TOBACCO, COTTON AND SZ^TO'^.— The Jamestown 
colonist got to be an industrious man. It was a clear question of 
the " survival of the fittest." He grew tobacco and the cereals, and 
found both profitable. The former became a staple and a cur- 
rency. He was not satisfied with his farm title. It was amended 
so as to make him secure. He clamored for representation. 
This too he got. The first colonial assembly met at Jamestown, 




CAPTAIN JOHN SMITH. 




POCAHONTAS RESCUING CAPTAIN SMITH. 



37 



38 POLITICAL HISTORY OF 

June, 1619. This was the dawn of legislative liberty in America. 
They who had been dependent on the fickle will of a governor 
demanded a code of laws based on those of England. Such a 
code came over in 162 1. It was a form of government away 
outside of the harsh and narrow provisions of the charter. 
Under it the colony got a parliament, very like that of England. 
Thenceforth Virginia was the Virginia of the colonists. It was 
their country, and their country reached from North Carolina to 
Halifax, and as far west as imagination chose to go. The king 
was still king, and of a new empire, but of a people who had 
gradually acquired rights they would never voluntarily part with. 
He had a rival though. In 1621 the first cotton-seed was planted 
with success. The infant thus cradled grew into '' King Cot- 
ton." Strange to say, only one year before, August, 1620, four- 
teen months after the first Virginia Assembly, four months be- 
fore the pilgrims landed at Plymouth rock, more than a hundred 
years after slavery had disappeared from England, six years after 
the abolition of serfdom in France, a Dutch man-of-war entered 
the James river and landed twenty negroes for sale. Unfortu- 
nately the constitution and code of laws which were received by 
the colony the next year had been prepared without knowledge 
of this event, or they might have contained some clause prohibit- 
ing this kind of commerce. As it was, the commerce grew and 
the slave system got hold, in spite of a strong sentiment among 
the better class of colonists against it, and in spite of a few feeble 
colonial laws passed with a design to discourage it. By one of 
those strange contradictions in human affairs, the colony which 
had in fourteen years converted a despotic charter into a repre- 
sentative form of government, and had actually become an 
asylum of liberty,* became also the abode of hereditary bonds- 
men. f 

*The Virginia Colony had not as yet paid much attention to its religious code, 
and even the heady Puritan could find an asylum there. His presence was not inter- 
dicted till the democratic revolution in England under Cromwell gave political im- 
portance to religious sects. Then to tolerate a Puritan was to favor a member of a 
republican party. 

f Negro slavery was certainly an offence against the better instincts of all the 
colonies. Though all the earlier ones tolerated it, there was no lack of discourag- 



THE UNITED STATES. 39 

A ROYAL PROVINCE.— King James got jealous of the 
London Company. On the plea of mismanagement its charter 
was cancelled. Virginia was free from a control which, while it 
made a colony possible, had ever been an interference. Charles 
I. (1625-1649), in accordance with his father's intentions, would 
regard it as a Royal Province, to be governed by himself, but 
fortunately more with a view to securing a revenue from its 
tobacco and other staples, than with a design to interfere seriously 
with the political rights of the colonists. But up came the 
question of boundary. Virginia had no limits but those in the 
charter, and it was gone. There was, therefore, no Virginia for 
the map. Only the settlement called Virginia remained, and 
the best it could do was to claim the old charter limits, whether 
the charter existed or not. It therefore crossed swords with 
the Marylander who had come with his grant right into the 
midst of the Virginia territory. But the flurry soon passed 
over. The fate of Charles I. was sealed. Virginia thought to 
fight Cromwell, but by capitulating got terms which were almost 
equivalent to independence. Cromwell never bothered himself 
about governors nor anything else outside of the mere question 
of allegiance. So the colonists elected their own governors, and 
the custom once established, it ever after prevailed. A grand 
step toward popular independent government in the new world ! 

MARYLAND CHARTER.— T^q mind of the Virginian was 
not clear as to his country. Under the charter of 1606 his 
domain was practically boundless to the north. Under an 
amended charter he could claim to 41° (200 miles north of Old 
Point Comfort), which was vaguely supposed to be the southern 
limit of New England, or the southern boundary of the New 
Netherlands. At any rate he would, now that he was pros- 
perous and had ambitions, push his enterprises north of the 

ing laws and regulations. The force of sentiment outside of themselves, especially 
that sentiment bom of traffic and cupidity, was stronger than the true and just col- 
onial instinct, and hence ordinances discouraging slavery became dead letters. But 
time would have corrected the errors of cupidity, all along the colonial line, had 
it not happened that as long as the slave traffic was active, the climate, staples and 
commercial tastes of the Southern colonies permitted the introduction of the slave 
element to such an extent that heroic action against the system became impolitic. 



40 POLITICAL HISTORY. 

Potomac and Susquehannah. But, alack ! he was suddenly cut 
off. Sir George Calvert had tried a Catholic settlement at 
Avalon on the coasts of Newfoundland, but cold, a barren soil, 
and French fishermen, had driven him away. He would try 
again in a more favorable clime. His influence with the king 
(James I.) was great, and the canceling of the Virginia patents 
had restored to the monarch his authority over the soil. The 
French, the Dutch, the Swedes, were preparing to come. Why 
shouldn't Calvert have a slice of kindly soil for his experiment ? 
He got it, and evidently wrote his own charter.* It gave him a 
clean slice of what was Virginia. Its bounds were the ocean, 
the 40th parallel, the meridian through the fountain of the 
Potomac, that river to its mouth, and a line from Watkin's 
Point to the ocean— almost the Maryland of to-day. Calvert's 
(Lord Baltimore's) province was a creation with a definite 
boundary, the first, it may be said, thus far, f and it was Mary- 
land, after Maria, wife of Charles I. Lord Baltimore was a 
Proprietary^ that is, the country was his estate. He was 
governor, subject to the provisions of the charter, which were 
very liberal indeed, securing to the colonists representative 
government from the start, and therein contrasting strongly with 
the Virginia charter, granted to mere trading companies. 
Christianity was by the charter made the law, but no preference 
was given to any sect, and" equality in religious rights not less 
than in civil freedom, was assured. Sir George Calvert died 
April 15, 1632, but the charter was confirmed to his son, 
Cecil, June 20, 1632. As has been noted, Virginia was 

* " The nature of the document itself, and concurrent opinion, leave no room to 
xloubt that it was penned by the first Lord Baltimore himself, although it was finally 
issued to his son." — Bancroft, vol. i., 241. 

f Ignorance of the geography of the interior left many of the early grants with- 
out western limits. Some had the clause inserted " and extending through to the 
Pacific," or " extending from ocean to ocean." But in general they were vague, 
and the source of much future difficulty, as were those north and south boundaries 
which so overlapped each other. The failure of the successive monarchs to under- 
stand what their predecessors had done, the lapsing of so many grants by time or 
toy non-user, the desire of each monarch to gratify his friends or to map a new 
colonial polipy of his own, all these contributed to the confusion of charter bound- 
uries. . 






















CHARLES I. OF ENGLAND/^ 



41 



42 POLITICAL HISTORY OF 

furious over this robbery of her domain. She at first warred a 
Httle about it, then carried her case to England, but the king's 
privy council told her to go home and cultivate amicable rela- 
tions with her neighbor. Her wrath had time to cool while the 
boundary between her and Maryland was being adjusted. Cal- 
vert knew quite well the folly of attempting a Catholic experi- 
ment, no matter how liberal its provisions, so near the Virginia 
settlement, and within its claimed limits, without first securing 
for it carefully determined boundaries. Virginia's church was 
fhe established church, which, liberal at first, was nearly ripe for 
that uncharitable statute which banished all non-conformists 
and made their return a felony. 

SETTLEMENT OF MARYLAND. ^Ms^rch 27, 1634, 
Calvert founded his village of St. Mary's, and his state. The 
Ark and Dove bore his colony. He treated with the Indians 
and bought their soil. Thus his possession was peaceable, ex- 
cept that Clayborne of Virginia wanted to drive him away by 
force.* The colonists stuck from the start, and, unlike those of 
Virginia, went to work. In six months St. Mary's w^as ahead 
of Jamestown in its sixth year, f In one year the people, not 
liking Calvert's Code, passed one of their own w^hich, though it 
did not go into eftect, resulted in such modifications of Calvert's 
as they wished. The "religious freedom" of the charter took 
as wide shape in the statutes as was then possible. It embraced 
all Christians, but with the awful proviso that, " Whatever per- 
son shall blaspheme God or shall deny or reproach the Holy 
Trinity, or any of the three persons thereof, shall be punished 
with death." Nowhere in the United States is religious opinion 
now regarded as a proper subject for such a penalty or for any 
penal enactment at all. We have seen how Virginia profited by 
the neglect of Cromwell, under the English Commonwealth. 

* The native tribe had been punished by the Susquehannahs on the north, and 
was just about to quit its seats on the Potomac, when Calvert came. He therefore 
was able to drive a good bargain with them, and to quiet his title with a few pres- 
ents of clothes, axes, hoes, knives, etc. 

f " Within six months it (the Maryland colony) had advanced more than Virginia 
had done in as many years." — Bancrofty vol. i., p. 247. 



THE UNITED STATES. 43 

New England did the same. But Maryland went through the 
fires of angry disputation. With the king gone, where was the 
Proprietary who held from and under him ? " Gone too," said 
Virginia. " Gone too," said Cromwell, though he was going to 
trust to Calvert's good sense to manage things. But Virginia, 
through the ambitious Clayborne, got over into Maryland, and 
under cover of a commission actually ran away with the 
government. Maryland had invited Puritans. They were 
strong in Anne Arundel, and were Cromwellian republicans. 
Calvert was shrewd enough to save his charter, but when he 
went to reduce the Puritans he was whipped and his agent, 
Stone, was imprisoned. Clayborne could reduce neither Catho- 
lics nor Puritans. Thus matters stood for years, till the people 
voted themselves a lawful assembly, without dependence on 
other power in the province, and enacted compromise laws, 
which Virginia ultimately assented to, and which both Puritan 
and Catholic could respect. Thus Maryland like Virginia 
was, at the restoration of Charles II. (1660), in full possession 
of liberty based on the sovereignty of the people, and like 
Virginia it had so nearly completed its political institutions 
that not much further progress was made toward freedom and 
independence till the period of final separation from England 
(1776). 

THE PLYMOUTH COUNCH.—SN^ must now go back a 
little in time and look northward. The Virginia charter of 1606 
incorporated two monstrous companies, the London Company 
(Southern colony), and Western or Plymouth Company (North- 
ern colony). We have seen how the London Company suc- 
ceeded at Jamestown, and how it was shorn of its rights in Vir- 
ginia. What did the Western or Plymouth Company do with 
its splendid grant of lands (in Virginia remember) between New 
York and Labrador, 41° to 45°, and its magnificent privileges? 
Under Popham himself it settled at St. George on the Kennebec 
(1607). But Popham died and the colony failed.* Inspired 

* The Maine historians make much ofthis settlement, not only as ante-datino^ all 
others in Northern Virginia or New England, but as going to show the directmss 
of the Maine title from the Virginia charter of 1606, and therefore the wrongfulness 



44 POLITICAL HISTORY OF 

anew by Smith, the Virginia hero, who had (1614) scoured the 
coast from the Penobscot to Cape Cod and named the country 
New England, another trial was made, but the colony never 
landed. Still Smith's enthusiasm was all pervading. A new 
and independent charter was sought for the company. This set 
the Londoners and Westerlings to fighting. But clashing in- 
terests could not stay results. Out of the conflicting claims 
came a charter to forty of the king's favorites, many of them 
members of both the old competing companies, and the best 
men in them. It was one of the most sweeping papers which 
ever bore royal signature, Its date was Nov. 3d, 1620, and it 
incorporated ''The council established at Plymouth (England) 
for the planting, ruling, ordering and governing of New Eng- 
land, in America." 

NATURE OF THIS CHARTER.— '^oit first the size of the 
territory it covered, and how it wiped out the entire field given 
to both the London and Western Companies in the charter of 
1606, also how it silenced forever the legal claim of Virginia (not 
the popular claim) to her domain north of 40°. It extended in 
breadth from 40° to 48° north latitude, and from the Atlantic to 
the Pacific; that is, it embraced nearly all the inhabitable British 
possessions of to-day,* all New England, New York, more than 
half of New Jersey, nearly all Pennsylvania, and the mighty 
sweep westward of all these States. So grand an empire had 
never been given away by a single stroke of the pen. But more, 
and worse, the charter gave to forty men the soil, the sole power 
of legislation, the selection of all officers, the formation of a gov- 
ernment, and powers over commerce as arbitrary as those con- 

of the claim which Massachusetts subsequently made good. Had the Kennebec 
colony stuck, they would have much better ground for their position; or had not the 
character of titles shifted. Even at this early date the principle was abroad that a 
title confirmed by actual settlement was better than one with no such substantial 
backing. 

* It paid no attention to the French possession of New France, which was 
already permanently occupied at Port Royal, Quebec, and many other places 
along the St. Lawrence, The thought evidently was to rely on the old Cabot 
title by discovery, claim the continent, and drive off settlers of other nationalities if 
necessary. 



THE UNITED STATES. 45 

veyed to the Cabots by Henry VII., in " that oldest American 
State paper in England." No regard was shown for the liberty 
of a single colonist. Everything was left to the council at Ply- 
mouth. It was too big a monopoly to be of any use. Parlia- 
ment rose in angry question of the king's right to thus fritter 
away the public domain. France laughed at the thought of thus 
appropriating her lands, in which settlements had existed for a 
score of years. The patentees fell to furious wrangling about 
their respective privileges, and while the confusion was at its 
height something far-reaching and wonderful took place. 

FIRST PURITAN ADVENT.— The Reformation had made 
possible the Puritan and Pilgrim, the man who wanted, and was 
bound to have — for himself — religious and political liberty, at 
whatever cost. When he imbibed Genevan Galvmism he drank 
in at the same time the spirit of the Genevan republic. This 
was the ferment which was working in feudal England when 
Henry VIII. cut off the political horns of the pope, and which 
came to the surface when Edward VI. permitted the Protestant 
sects to show their heads without danger from the block. One 
of these sects, Cranmer's, wanted mild reforms. This one be- 
came the Church of England. The other would have no cere- 
mony not enjoined by the word of God, no divine right of 
bishops, no inequality of clergy, no fixed rule of worship or in- 
terpretation appointed by parliament, hierarchy or king. This 
was Puritanism, pure and undefiled, and it had the sanction of 
Martyr, Calvin, Hooper and Rogers. Under Mary, the Puritan, 
as well as the Episcopalian, had to leave England, if he would 
talk and act his convictions. He went to Amsterdam, Leyden, 
Frankfort, Geneva, to every asylum on the continent, and he 
learned much. When he came back under Elizabeth he was no 
longer a monarchist, but wanted a state of his own, one in which 
he had a personal voice; therefore he was a politician,* and now 
doubly dangerous and doubly to be despised. The hard meas- 
ure of Elizabeth to exile or hang all who should be absent from 

* Even the English church charged them with seeking a popular state ; and 
Elizabeth declared they were more perilous than the Romanists. The Romanists 
were for monarchy, and Elizabeth did not despise them on that account. 



45 POLITICAL HISTORY OF 

the English service for a month sent the Puritan abroad agalnj 
and especially the stiffer-necked branch called Independent or 
Separatist. The more politic remained to make Elizabeth 
ashamed of her hanging of Barrow and Greenwood, and to teach 
her that the spirit of liberty was sufficiently abroad to endanger 
the chances of her successor to the throne if she carried on in 
too high-handed a manner.* 

Elizabeth, " dead and forgotten in four days," was succeeded 
by James I., a most cowardly sprig of royalty, who was a Puritan 
in Scotland, but who was no sooner over the border than 
he couldn't distinguish between the interests of the English 
church and his own political prerogatives. " No bishop, no 
king " was his inspiration, and the Puritan was more a " viper " 
than ever, even if the king was a Protestant. He would " harry 
them all out of the kingdom, or, better, hang them, if they did not 
conform," and then when the Pilgrim wanted to go he had to 
escape. Wherever he went in Holland or on the continent this 
was true of him : he was industrious, nearly always a farmer or 
tradesman, frugal, patient, pious, shrewd, liberty-loving, and 
though a Pilgrim, attached to his nationality. He was not con- 
tent in Holland, but, like others, began to dream of a colony in 
the wilderness which should augment the king's realm, give him 
the government of his native land without its hardships, and thus 
secure him the liberty he wanted. Whom should he consult? 
It was 1617, and the London Company which had given life to 
Virginia was yet in existence and claiming everything north of 
North Carolina. It therefore was consulted, and would have 
responded favorably but for bickerings. The king was petitioned 
for a charter. He promised nothing, but gave out the impres- 
sion that if the Puritan would only betake himself to America 
and there behave himself he would be let alone. That was 
something ; perhaps all he had a right to expect. Then he went 
back to the London Company, which granted a patent, but being 
made in the name of one who failed to accompany the Pilgrim 
expedition it was of no use. There was nothing left but the 

* " The precious spark of liberty had been kindled and preserved by the Puritans 
alone," — Carte's England, iii., 707. 



THE UNITED STATES. 47 

king's promise of neglect. With this for a charter the " Speed- 
well" (60 tons) and " Mayflower " (120 tons) were equipped for 
the voyage. A solemn fast (the original of the American thanks- 
giving), and the Leyden Pilgrims sailed for Southampton. 
There the English faithful came aboard, and the two ships dared 
the ocean voyage. But the " Speedwell " gave out, and the two 
ships put back to Plymouth, where the rotten one was dismissed. 
A hundred souls, men, women and children,* crowded into the 
"Mayflower," and on the 6th of September, 1620, the ship was 
off again, off for the Hudson. Bad navigation or storms brought 
the Pilgrim boat to the bleak coast of Cape Cod, Nov. 9, 1620, 
thirteen years after the founding of Jamestown, and less than 
two months after the signing of the wonderful charter of the 
Plymouth Council, above mentioned. After a period of pro- 
specting, on Monday, Dec. 11 (say Dec. 22 new style), 1620, a 
landing was effected at Plymouth rock, and actual New Eng- 
land had a beginning. The colony was that of Plymouth, 
whence they had sailed. 

The government of the Pilgrim,t framed in the cabin of the 
" Mayflower," provided for a " proper democracy " in the Colony 
of Northern Virginia, based on religious and political rights. It 
promised loyalty to the Crown, which was its bid to be let alone. 
The Pilgrim weathered two years of cold, barrenness, and adver- 
sity which would have broken up any colony but a Pilgrim 
colony. His tenacity, industry, thrift, morals, family, organizing 
power, memory of wrongs, and intense love of freedom, gave him 
a foothold in spite of cheerless climate and unproductive soil. 
He placated the Indians by treaty, raised corn, drove a brisk 
trade, started his " little democracy," worshipped as he wished, 
partitioned his lands. Were his titles good ? The Indians had 

* The pilgrim brought his family along. The Virginian came without wife or 
child. Smith's prayer was for farmers, mechanics, and men with families. Till 
such came colonization was mere adventure. 

f " Puritan " and " Pilgrim " are fairly interchangeable. The latter was the former 
in exile, before he crossed the Atlantic. Not all Puritans were Separatists and In- 
dependents. In general the Puritans were more diplomatic than the Pilgrims. 
Puritanism covers both very well. 



48 POLITICAL .HISTORY. 

said, " Come; " that was as good as a purchase. The principles 
of EngHsh law, and natural justice, said they were good. So the 
Pilgrim was secure. He struck deep in his own barren soil and 
branched out to the Connecticut, to Cape Ann, and to the Ken- 
nebec. 

PLYMOUTH COUNCIL.— Th^ shrewd Pilgrim heard of the 
wonderful grant to the Plymouth Council and knew it embraced 
his Plymouth. He worked into the good graces of the Council 
through the influence of Gorges and got a sub-patent. This 
attempt of the great Council to portion its powers and lands 
again brought up the grave question in parliament of how far 
the king had made a fool of himself in parting with so much 
territory and power without parliamentary sanction. The Coun- 
cil, monopolists as they were called, and the king were pitted 
against the parliament and such level-headed lawyers as Sir 
Edward Coke, who wanted the power of the Council broken and 
a free opportunity given to colonize the rest of New England. 
The Council, forced partly to the wall, determined to make the 
best of a bad bargain by breaking up its immense domain. There 
was a scramble for corporation patents. Mason got a patent for 
the lands between the Salem river and the farthest head of the 
Merrimac (162 1). Gorges and Mason took a patent for Laconia, 
the whole country between the sea, the St. Lawrence, the Mer- 
rimac and Kennebec, and the plantations on the Piscataqua, as 
well as the towns of Portsmouth and Dover came into being, 
say 1623. Mason got a second patent (1629) for the country 
between the Merrimac and Piscataqua, which was afterwards 
known as the New Hampshire patent, and so the business ran 
into interminable confusion and endless law-suits. The omnip- 
otent Council of Plymouth was fast frittering away its lands, 
influence and prerogatives. 

SECOND PURITAN ADVENT— The Puritan at home 
chafed under the constraints of English law and the severities 
of the English church. Minister White, of Dorchester, though 
not a Separatist, would lead a colony of the faithful across the 
waters. Despite his puritanism, he formed a company, which 
bought of the expiring Plymouth Council a belt of land extend- 




PLYMOUTH BOCK. 



49 



50 POLITICAL HISTORY OF 

ing from the Atlantic to the Pacific, and from three miles south 
of the river Charles and Massachusetts bay to three miles north 
of every part of the river Merrimac. This was a strong com- 
pany in men, for it included such as Sir Henry Roswell, Sir 
John Young, Thomas Southcoat, John Humphrey, John Endicot, 
Simon Whetcomb, and afterwards Winthrop, Dudley, Johnson, 
Pynchon, Eaton, Saltonstall, and Bellingham, all names well 
known in colonial history. Endicot, the sternest kind of a Pur- 
itan, was selected to begin the work of establishing a plantation 
of " the best of their countrymen" on the shores of New Eng- 
land and in safe seclusion, where the corruptions of human 
superstition might never invade. Not trusting to this patent 
from the Council, for it was in contravention of half a dozen 
others, it was confirmed by a charter from Charles I., and '* The 
Governor and Company of the Massachusetts Bay in New Eng- 
land " was on its feet. Its date is March 4, 1629. The king 
was evidently mad when he signed it. He had made up his 
mind to govern his foreign territory, or have it governed, as he 
pleased and without the aid of parliament. So, the provisions 
of the charter were not unlike those of Virginia, not a whit more 
liberal as to the rights of the emigrant, equally as hard and close 
as to the powers of the corporation, which had even the right to 
elect its own governors. As in Virginia, " the blessed boon of 
freedom " for the colonist, the right to local self-government, 
was to come about over the wreck of corporation codes and 
amid the ruin of original charter claims. 

MASSACHUSETTS COLONY.— Under the auspices of 
this Company of Massachusetts Bay, the Puritans struck Salem, 
but Charlestown got a few of the new-comers, and so did the vil- 
lage of Boston, soon to become the capital. These Puritans 
came full of notions of a church wherein they might worship 
after their liking, and with no, or very narrow, notions of a po- 
litical state. But they were shrewd and business-like. The 
thought of being under a company whose members resided at a 
distance was not pleasant. An original idea struck them. Why 
not pick the whole company up and carry it across the waters ? 
It could execute the provisions of the charter better on the spot 



THE UNITED STATES. 51 

than 3,000 miles away. That is just what was done, and in a 
twinkHng it changed a commercial corporation into an inde- 
pendent provincial government. Governors, deputy governors, 
members of the company, and all interested became colonists — 
a happy Puritan band intent on their religion and church, but 
wide awake as to their political freedom and all local and ma- 
terial interests. They held in their own hands the key to their 
religious asylum, and unceremoniously locked the doors against 
all enemies to its harmony and safety. Winthrop, the aristo- 
cratic, pious, conforming, discreet Winthrop, came over as 
governor. The hard trials and disappointments of colonists, 
especially on a shore so bleak, passed, the community settled 
down to an *' assembly of all the freemen of the colony," at 
Boston. Their first effort was a sort of elective aristocracy. 
Their second, the next year, 1631, was a sort of commonwealth 
of the chosen people in covenant with God — a theocracy, if you 
please. No man was admitted to the freedom of the body politic 
unless he was a member of some of the Puritan churches. But 
in all things their government was representative. That was a 
great point. The colony was politic. It encouraged peaceful 
barter with the Indians. It sent messengers of peace to the 
Pilgrims, and to all former colonists. It traded with the Dutch 
on the Hudson. It invited and got large accessions of colonists 
from England, the very best men there, such as Cotton, and 
Hooker, teachers and thinkers at home, the fittest material for 
preachers, governors, and long-headed diplomatists abroad. 
When the ministers would hold too hard to the theocratic idea, 
the freemen inquired more deeply into their liberties and privi- 
leges, demanded annual elections, introduced the ballot-box, 
instead of the old-fashioned show of hands, got to be as noisy 
and self-assertive as the modern politician. With the exception 
of. a limited suffrage, the democracy of Massachusetts was as 
perfect then as now. Unfortunately the suffrage was limited 
only to the faithful. Hence the split with Roger Williams and 
his expulsion as an heretical fellow who taught that " The civil 
magistrate should restrain crime, but never control opinion ; 
should punish guilt, but never violate the freedom of the soul." 



52 POLITICAL HISTORY OF 

This doctrine would blot out the felony if non-conformity, 
would repeal every law compelling attendance on public worship, 
would give protection to every form of religious faith, would 
make every freeman a voter whether Puritan or not, would, in a 
word, smash the whole Puritan fabric. And then he had com- 
mitted other offense by writing an article in which he argued 
that an English patent could not invalidate the rights of the 
Indian to the soil. This was very like treason against the charter 
of the colony. The very wise Bradford thought Williams crazy. 
All in all, he had to go, this first person in Christendom to assert 
fully the doctrine of freedom of conscience, the equality of opin- 
ions before the law, and this defender of them even in advance 
of the immortal John Milton and Jeremy Taylor. And his going 
meant what ? 

THE BIRTH OF RHODE /5Z^7VZ>.— Williams stopped 
at Seekonk, but that was within the Plymouth patent. He 
pushed on to a spot where patents would not interfere, and hav- 
ing found it he called it Providence (1636). A deed from 
Miantonomoh quieted his title as to the Indians. His govern- 
ment was a pure democracy. Williams gave all power and lands 
to the people, and they decided everything in their conventions. 
A magistracy, executive officers, governors, were things of an 
after time. 

CONNECTICUT TAKES SHAPE.— Tht shrewd Puritan 
would head off the Dutch who were creeping toward the valley 
of the Connecticut. The soil was in the Earl of Warwick, as 
proprietary, under a grant from the Council of New England, or 
rather, in Lord Say and Seal, Lord Brooke and John Hampden, 
as his assigns. But before they could colonize it the people of 
New Plymouth had built a trading-house at Windsor, and soon 
had settlements at Hartford, Windsor and Wethersfield. To the 
Puritans the valley of the Connecticut was indeed a new Hesperia. 
Thither they marched in no limited numbers under the lead of 
such as Hooker and others — emigrants from the most valued 
citizens, the earliest settlers, and oldest churches of Massachu- 
setts Bay. The bloodthirsty Pequods could not intimidate them 
nor stay their westward march, but went down before it even to 



THE UNITED STATES. 53 

the last of their tribe. The Puritan was a soldier as well as 
preacher. At New Haven, too, an independent Puritan colony- 
sprang up with Davenport as pastor and Theophilus Eaton as 
governor, for twenty years (1638), with no statute-book but the 
Bible, and no freemen but the elect. 

UNITED COLONIES.— Vd^ssing the long legal fight be- 
tween the old Plymouth Council and the Company of Massa- 
chusetts Bay, which brought Puritanism under the suspicion of 
aiming more at a distinct political sovereignty than at simply a 
church of its own, the time had come for closer co-operation 
among the New England colonists. At least this was the Mas- 
sachusetts thought, though it was doubtless suggested as much 
by her desire to extend her power and influence as anything else. 
The first move was on New Hampshire, which we have seen 
had existence under the Mason grants. She readily accepted 
the jurisdiction of the stronger colony, not doubting that a strict 
construction of her charter gave Massachusetts a valid claim on 
her territory, and wishing to avoid the disputes which were sure 
to follow refusal. The Pequod wars, and fears of the Dutch on 
the south, made it the policy of the Connecticut and New Haven 
governments to seek terms of union. 

The Indian tribes of Narragansett wanted the protection of 
Massachusetts, so they granted to her their Rhode Island. But 
Williams, who had gone to England to get a charter, returned 
with it (1644) in time to save his little state from absorption. 
Down in Maine, Rigby, purchaser of the Lygonia patent, and 
the assigns of Gorges, were in bitter legal warfare about their 
right to own and govern. They agreed to refer their disputes to 
Massachusetts as urnpire. The shrewd umpire decided that 
neither party was right, and told them to go home and live at 
peace. This was impossible, and the umpire knew it, but it knew 
also that the plum, not yet ripe enough for the plucking, would 
be as soon as the disputes had impoverished both parties. An 
appeal was had to England, but she took no stock in the contro- 
versy. Then Massachusetts offered mediation. The role of 
King Stork was repeated. Unfolding her own charter and point- 
ing to its date, which was prior to that in the patents pf either 



54 POLITICAL HISTORY. 

of the disputants, and pointing again to her boundary line, three 
miles north of any point on the Merrimac, she politely informed 
the Maine folks that they had all along been shearing goats, and 
that the territory was hers at any rate, which claim she made 
good. Thus did Massachusetts extend her territory to Casco 
Bay, and there was such a thing as the " United Colonies of 
New England." * 

A GENERAL ADVANCE.— AW this colonial growth and 
consolidation made free local legislation more desirable, and the 
interference of parliament more intolerable. The principle was 
echoed from Virginia to the Kennebec, that the colonies were 
entitled to their own parliaments and legislatures. Royalty was 
pitiably situated, for kings did not wish to go back on their 
grants and their claim to give their soil to whom they pleased, to 
be governed as they prescribed. This was the three-sided fight, 
now fully on, and not to be determined till the American Revo- 
lution settled it. During the time of Cromwell (1648- 165 9) the 
northern colonies, being republican in spirit, gained a more solid 
footing, and made great progress. As the issue of Puritanism 
was popular sovereignty, Cromwell was pleased with the New 
England situation. *' He that prays best will fight best," was his 
judgment, and he did not doubt the ability of the Puritan to 
take care of himself, without a king at the helm in England. 

FREAKS OF CHARLES //.—The restoration of royalty 
in England (1660) was a period of apprehension in Colonial 
America. King Charles II. (i 660-1 685) had no respect for ac- 
quired rights on this side the Atlantic, and none for the acts of 
his royal predecessors. He would be original or nothing, would 
tear everything to pieces in order to enjoy confusion or the 
pleasure of reconstruction. His freaks in upsetting old colonial 
lines and titles astonished the world. Fortunately their very 

* " The first conception of an American union entertained by the founders of New 
England was to join in political bonds only those colonies in which the people 
were of a similar way of thinking in theology, when, in the spirit of a theocracy, 
they aimed to form a Christian state in the bosom of the church. This was em- 
bodied in the New England Confederacy (1643-1684). Its basis was not broad 
enough to embrace the whole of this territory, or sufficiently just to include all its 
population." — Frothinghani' s Rise of the ReJ>ublic, 




OLIVER CROMWELL. 



55 



56 POLITICAL HISTORY OF 

wildness defeated their aim in many instances, and averted the 
confusion which would otherwise have attended the king's folly. 
In other instances, some of the colonies got what they had never 
been able to get. 

Winthrop got a splendid charter — in utter disregard of all for- 
mer grants — for Connecticut (1662), which embraced both the 
Hartford and New Haven colonies, and extended from the Nar- 
ragansett River to the Paqific Ocean, and the beauty of it was, it 
gave to the colonists unqualified power to govern themselves. 
Unwittingly, the king and Clarendon had set up a democracy 
where they only intended to create a close corporation. 

Rhode Island was favored with a new charter (1663) almost as 
liberal as the old. The little State could now defy Massachu- 
setts, who had denied her right to separate existence. 

For Maryland the restoration meant the restoration of its pro- 
prietary to all his charter rights and privileges. 

Virginia, through the faithless Sir William Berkley, was dis- 
membered by lavish grants to the king's courtiers. 

New Hampshire and Maine were metamorphosed, by reviving 
old proprietary rights therein, with a view of selling them to the 
Duke of Monmouth. 

The country from Connecticut River to Delaware Bay was 
(1664), ir^ spite of the Dutch possessions and the charter just 
given to Winthrop, granted to the Duke of York ; so was part 
of Maine. Acadia was given back to France. 

Thus there was disturbance all along the coast-line, and the 
ingenuity of the young governments was taxed to the uttermost 
to bring order out of confusion, and save their identities, where 
it was at all possible. 

Massachusetts wanted her charter confirmed by the new king. 
A new one was granted which was not satisfactory, and the 
Puritans got so stiff about it as to throw them open to the sus- 
picion of wishing to set up an independent nation. Had Claren- 
don, the king's prime minister, lived, there is no telling what the 
hostility of the throne to the attitude the Puritan was forced to 
assume would have led to. There must have been war, disas- 
trous to the colonists, for they never talked bolder, though their 



THE UNITED STATES. 57 

strength was not equal to independence as yet. Clarendon gone, 
the king and parliament had enough on their hands for a time 
with home afifairs, and during this happy neglect the colonists 
had opportunity to test their coherence and fighting qualities by 
defending themselves against that grand old Indian chieftain 
King Philip (1676). 

SMASHING AND PATCHING. — ^Mhen Charles was 
about to turn his theft of Maine and New Hampshire over to 
the worthless Duke of Monmouth, Massachusetts got possession 
of the Gorges claims, paying ^6,000 therefor, and thus threw 
another obstacle in the king's way. After this, Maine was given 
a separate government and ruled as a province of Massachu- 
setts (1680).* New Hampshire was not so easily quieted. The 
Mason claim proved worthless. Therefore Massachusetts lost 
her hold, and New Hampshire was organized into a royal 
province, July 24, 1679, the first ever established in New Eng- 
land. It was a terrible 'experiment. The king's governor, 
Cranfield, would rule in accordance with English law and cus- 
tom, and the colonists would have their local legislature. The 
contention went on till Cranfield withdrew in despair from those 
" unreasonable people " (1684). 

Meanwhile the stiff-necked Puritans of Massachusetts had re- 
newed their battle for sovereignty. The king attacked their 
charter. It must go, and go it did June 18, 1684. There was 
now no bar between the colony and the will of the English 
sovereign. Was property secure ? Was religion in danger ? The 
outlook was gloomy in the extreme. 

DAWN OF NORTH CAROLINA.— Turn from the cold, 
sterile North to the sunny, fertile South, and to that part of it 
over which De Soto roamed at will, in which Coligny failed to 
plant his Huguenots, and Raleigh to carry out his designs. 
Here the freakish King Charles II. had enriched courtiers, like 
Clarendon, Monk, Lord Craven, Lord Ashley Cooper, Lord 
John Berkley, his brother, Sir William Berkley, Governor of 

* There were three titles in Maine at this time, (i) French, from the St. Croix 
to the Penobscot. (2) The Duke of York's, between the Penobscot and the Kenne- 
bec. (3) Massachusetts', between the Kennebec and Piscataqua. 



58 POLITICAL HISTORY OF 

Virginia, and Sir George Cartaret, by giving them, as proprie- 
taries, the Carohna country. It was not now (1660) entirely 
Unpeopled. There were Puritans all around Cape Fear and Vir- 
ginians in Southern Virginia at Albemarle Sound, that is to say, 
in North Carolina; and it was to these Albemarle folks that 
Berkley (of Virginia) sent William Drummond, a Scotch Pres- 
byterian, as governor, with authority to institute a government 
which should include " an Assembly of the people and guarantee 
liberty of conscience." This foothold was not enough for 
Clarendon and his associates, who dreamed of greater wealth 
and power in this goodly country. A new charter was obtained 
which, in defiance of both Spain and Virginia, granted all the 
land between the Atlantic and Pacific, and between 29° and 36^ 
30' N. lat. ; that is, all North and South Carolina, Georgia, Ten- 
nessee, Alabama, Mississippi, Louisiana, Arkansas, much of 
Florida and Missouri, nearly all of Texas and a portion of Mex- 
ico. In this boundless domain — an empire was evidently in- 
tended — every favor was extended to the proprietaries. To 
Ashley Cooper, Earl of Shaftsbury, was entrusted the work of 
framing a constitution. He was an aristocrat, a skeptic and a 
scholar, and he and Locke, the philosopher, put their heads 
together. The result was that stupendous Carolina constitution 
which has ever since been a wonder to theorists and an object 
of praise or derision by statesmen. It created a nobility, be- 
friended the slave system, limited the elective franchise to free- 
holders of fifty acres, partitioned the land into counties, one-fifth 
for the proprietaries, one-fifth for the nobility, three-fifths for the 
people, beyond whose reach lay the executive, the judicial and 
even the legislative power. The Church of England was to be 
the national religion, though other religions were not proscribed. 
This constitution was signed March, 1670, and was heralded as 
" without compare." A splendid scheme for landgraves and 
lords of manors, for courts of heraldry and admiralty, but lu- 
dicrously inflated and inappropriate for a few planters and traders 
in Carolina cabins ! The fact is, the Virginia planter, the Puritan 
trader, the Quaker exile, went about their own legislation and 
governing, very much as if they had never heard of the proprie- 



THE UNITED STATES. 59 

taries and their magnificent scheme of empire, and the foundations 
of free local institutions were so deeply laid among them by the 
time (1681-1688) Sothel came over to administer the govern- 
ment of the proprietaries that, after a squabble of five or six 
years, they condemned him to a twelvemonth exile, and went 
peacefully on with their own affairs. Thus North Carolina came, 
not rapidly, to be sure, for there was no fixed minister till 1703, 
no church till 1705, no printing press till 1754, but modestly and 
quietly, as well she might, for her people were mostly the colon- 
ists of other colonies, who, tired of restraints, sought serene, 
unanxious life amid the granges of a southern clime. 

SOUTH CAROLINA.—So loudly had the coming of the 
Model Carolina Constitution (Shaftsbury's and Locke's) been 
proclaimed, and so much the soil and climate of Carolina been 
praised as the "beauty and envy of North America," that even 
before the former was signed, Joseph West, as agent and gover- 
nor for the proprietaries, and William Sayle, as clerical leader, 
started with a number of emigrants (1670) for the spot (Beau- 
fort) where the early Huguenots had engraved the lilies of France 
and erected the first Carolina fortress. But sailing into Ashley 
River, they stopped at the " first high land,"* and there started the 
government of South Carolina, the people electing their own 
legislature and claiming the privileges of full sovereignty. It 
wasn't in accordance with the " Model Constitution," but it was 
popular, and when the " Model " came, it was resisted (1672). 
Still the proprietaries sent over colonists, dissenters as well as 
churchmen. Already (167 1) Sir John Yeamans had arrived 
from Barbadoes with African slaves.f Dutch emigrants came 
from New York. An Irish colony came under Ferguson. Even 
Scotchmen settled at Port Royal, only to be assaulted and scat- 
tered by the Spanish. But the most remarkable thing in the 
history of colonial South Carolina is the fact that what Provi- 

* This spot is now a plantation. Not having any commercial advantages, it was 
soon overshadowed by Charleston and finally abandoned. 

•j- Thus slavery in South Carolina was coeval with the first plantations on Ashley 
River. It was the only one of the original thirteen States that from its cradle was 
essentially a planting State with slave labor. 



go POLITICAL HISTORY OF 

dence postponed for Coligny and Raleigh was, a hundred years 
later, to come about, and that through a persecution * which 
added greatly to the intelligence, moral worth and ultimate free- 
dom of the American colonies, and for Europe hastened the 
revolution in the institutions of the age. Escaping from a 
land where their religion was a crime, their estates liable to be 
confiscated, their children hardly their own, and their lives never 
safe, Huguenot fugitives from Languedoc, Rochelle, Bordeaux, 
Poictiers, and the beautiful valley of Tours, men of Puritan 
hardihood and zeal, but without superstition or fanaticism, came 
to Charleston and to the Santee. Out of such material did 
South Carolina spring. It was a pretty southern picture of 
unity in variety, for all were agreed to rule themselves, and re- 
sistance to the proprietaries and their visionary code continued 
till the English revolution of i688, when a meeting of the repre- 
sentatives of South Carolina disfranchised CoUton, the proprie- 
tary governor, and banished him from the province. 

THE DUTCH REALM— The Dutch, splendid sailors, fond 
of trade, loving land and settlement, were abroad in the West 
Atlantic waters as soon as any nation. Henry Hudson's voyage 
(1606- 1 609) to Newfoundland, to Cape Cod, to the Chesapeake, 
to the Delaware, thence up the Hudson, his trading-post at 
Manhattan (New York), his claim, by right of discovery, to all 
the country from Cape Cod to the mouth of the Delaware, with 
no westward limit, as " The New Netherlands," make a story 
full of spirit and novelty. Had not his love of trade been so 
much greater than his love of acres and his tread not been more 
firm on the decks of his ships than on dry land, the Dutchman 
might have pushed his magnificent frontage of four hundred 
miles clear through to the Pacific. He was industrious, plod- 
ding, moral, brave, liberty-loving, in fact an excellent colonist, 
yet his early settlements were only trading-posts. Such was 
New York in 1623, and Lewistown, on the Delaware, in 163 1. 
In his attempt to push into the valley of the Connecticut he was 
absorbed by the Puritan. Then, in Delaware Bay, he was forced 

* The revocation of the edict of Nantes, October 22, 1685, and the slaughter of 
the Hugueiaots in France. 



THE UNITED STATES. 61 

to meet the Swede, who came along with his liberal Christian 
scheme, prepared under the auspices of Gustavus Adolphus 
himself, who was backed by all Germany. 

SWEDISH ADVENT.^Without charter, or patent, or grant 
of any kind, but relying on such title as purchase from the In- 
dian might give when backed by actual settlement, the Swede 
sailed into the Delaware (1638), built a fort at Christiana Creek, 
and colonized Delaware anew. Then pushing to Upland, Tini- 
cum, and even to the Falls of the Delaware (Trenton), he claimed 
by actual settlement parts of the three States of Delaware, New 
Jersey and Pennsylvania as New Sweden. The Swede's peace- 
ful Indian policy, his quiet religious zeal, the beauty and balmi- 
ness of his new possessions, the feeling of protection that the 
fame of his arms in Europe engendered, made New Sweden a 
desirable home for colonists. But his presence was a bold break 
into the New Netherland country. The Dutch remonstrated, but 
feared, for Gustavus was a famous fighter. Still they could not 
bear the loss of their trade which occupancy of both banks of 
so important a stream as the Delaware, by the Swedes, threatened. 
Resorting to a shrewd trick, they built a fort at Newcastle, below 
the Swedish settlement, and thus hemmed the interloping Scan- 
dinavian in. In a thoughtless hour the Swedish governor at- 
tacked this fort and drove the Dutch out. Stuyvesant, the 
Dutch governor, sent around a fleet from Manhattan (New 
York), which swept the Delaware of every Swedish stronghold 
(1635). But if his New Sweden was thus summarily wiped out, 
the Swede himself stayed ; his impress is still visible in all the 
land he possessed ; it was his Indian policy that Penn adopted ; 
his history is loved and honored ; he was entirely too good a man 
to drive away, and so became a factor, direct or indirect, in 
whatever appertained to after Delaware settlement. 

NEW JERSEY TAKES EORM— The Dutch were prouder 
than ever of their great realm, the restored New Netherlands. 
But there was a sad day ahead. Cromwell would strike Hol- 
land through her most prosperous colony. His plan of humil- 
iation was never fully carried out, but it was remembered by 
Charles II. This monarch gave the country from the Connecti- 




GUSTAVUS I. OF SWEDEN. 



02 



POLITICAL HISTORY. 63 

cut to the Delaware to the Duke of York, and then proceeded 
to expel the Dutch from a domain he contemptuously called his 
own. Stuyvesant yielded in the face of superior force (September, 
1664). In October, 1664, the Dutch and Swedes on the Dela- 
ware capitulated, and for the first time the whole Atlantic coast 
of the old thirteen States was in possession of England. The 
New Netherlands were speedily dismembered. Two months be- 
fore their fall, and in anticipation of that event, the Duke of 
York assigned to Berkley and Sir George Cartaret, both pro- 
prietaries of Carolina, the land between the Hudson and the 
Delaware (June 23, 1664). This became New Jersey, already 
peopled by Puritans, Quakers, Swedes and Scotch dissenters. 
Cartaret became governor, and he gave the colony a liberal form 
of government. 

THE QUAKER COMES.— K\\ sects were finding an asylum 
in America, why should not the peaceful, pious, liberty-loving 
Quaker? His experiment was now ripe for trial. The son of a 
Leicestershire weaver and the apprentice of a Nottingham shoe- 
maker, George Fox, had questioned his life, till the revelation 
came that truth is only to be sought by listening to the voice of 
God in the soul. Creeds and superstitions and idle forms of 
men were vanities. The Spirit was the true monitor. This was 
freedom in the abstract. Monarchy, hierarchy, code, every 
outward, hampering, trammelling thing, must ^o down before it. 
The Quaker rise was remarkable and memorable. It was intel- 
lectual freedom bursting out amid the masses, the old philos- 
ophy of the Portico playing its part among the people. Quaker- 
ism, as developed by Barclay and Penn, became intellectual free- 
dom, the supremacy of mind, universal enfranchisement. Its 
reality was the Inner Light. As old as humanity, it embraced 
humanity. The first distinctive Quaker settlement was in West 
New Jersey at Salem, 1675, on a moiety of his province bought 
of Berkley. In this purchase Penn became interested. But 
the Quaker wanted more. Even the purchase of East New 
Jersey of the heirs of Cartaret was not enough. A grant must 
be had west of the Delaware. For this Penn became a suitor in 
i68q. England owed his father ^16,000 for signal service in 



64 POLITICAL HISTORY. 

naval warfare against the Dutch. Grant of a province was an 
easy way to cancel the debt. In favor with the Duke of York, 
he obtained from Charles 11. , Pennsylvania, which was included 
within three degrees of latitude and five of longitude, west of the 
Delaware. The Duke of York retained the three lower counties ; 
that is, the State of Delaware, as an appendage to his New York 
possessions. Penn launched his experiment in 1682, at Phila- 
delphia. His form of government was liberal. No colonist 
complained of power withheld or right endangered. His scheme 
is thus epitomized in his own language : " It is the great end of 
government to support power in reverence with the people, and 
to secure the people from the abuse of power ; for liberty with- 
out obedience is confusion, and obedience without liberty is 
slavery." His policy with the Indian was that of the Swede, 
who had preceded him. The native was dealt with as a man. 
His lands were bought, not stolen. Respect for native titles 
secured firmness for the titles of the colonists.* The experi- 
ment was a success from the start. The Quaker asylum on the 
Delaware was thronged by Welsh, and Irish and Scotch, as well 
as English. The Low Countries and all Germany sent their grand 
contingent of inoffensive, religious, land-getting, forest-reducing 
yeomanry. No American colony moved off under such auspices 
nor with so firm a tread. The Pennsylvania which was in Vir- 
ginia, in the New Netherlands, in the new Sweden, in the grant to 
the Duke of York, and as Lord Baltimore claimed partly in Mary- 
land (hence the dispute which ended in the celebrated Mason and 
Dixon line) took a title which remained unmolested by royalty, 
and a territorial shape which corresponds with that of to-day, ex- 
cept the small triangle on Lake Erie, which was afterwards added. 
DA WN OF NEW YORK.—Ntw York, like New Jersey, 
Delaware and Pennsylvania, came into existence by the partition 
of the New Netherlands. When the Dutch authority passed to 
England (1664), the soil of the New Netherlands passed to the 

* We are sorry, for the sake of sentiment, not to be able to draw the usual picture 
of Penn's treaty with the Indians. It is not historic, but a pretty piece of imagina- 
tion, due perhaps to West's painting of Penn, the Indians and the treaty tree. 
Penn's treaty was simply Penn's policy. 




WILLIAM PENN. 




EXPLORERS AND FIRST SETTLERS. 



65 



66 POLITICAL HISTORY OF 

Duke of York. We have seen how he disposed of New Jersey, 
how he withdrew his right in order to let Penn have a clear 
title to Pennsylvania, how he reserved Delaware, and now his 
claim to New York remained. It was not the New York of to- 
day, but Vermont also, and a vague boundary to the west of the 
Massachusetts Colony. Nor had the Duke of York to plant 
a colony. It was already planted — a hardy Dutch colony, 
wealthy, populous, prosperous. He had but to frame a new 
government in a concessory spirit, and rule, through governors, 
an empire of strangers. But do his best, things went crooked. 
The republican spirit was abroad there as well as elsewhere. 
The local assembly became as clamorous for popular rights as 
that of any other colony. To deny a colonial parliament and 
the freeman's voice was to deprive the colonists of the rights of 
Englishmen. At last, October, 1683, seventy years after Man- 
hattan was first occupied, nineteen years after the territory passed 
to the English, the representatives of the people met in assembly, 
and their self-established " Charter of Liberties " gave New York 
a place in the colonial brotherhood of the Atlantic. Dutchman 
and Englishman agreed to a bond of government whose gist was 
" supreme legislation in governor, council and people, in general 
assembly met, franchise in freemen without qualification, trial by 
jury of peers, taxation only by consent of assembly, no martial 
law, free religion." A vast advance on Puritanism and on the 
State Churchism of Virginia. A last desperate effort was made 
by the Duke of York to hold defiant control of his domains and 
exercise arbitrary power, by a scheme to consolidate the colonies 
of the northeast into an empire. This attempt led to a general 
upsetting of boundaries and great uncertainty of titles, but the 
colonists were so securely nestled in their seats that few if any 
settlements lost their jurisdiction or identity. 

INDEPENDENT DELAWARE.— The three lower coun- 
ties which the Duke of York reserved as an appendage to his 
New York domain, when the charter of Pennsylvania was given 
to Penn, never became a part of New York, in fact. They were 
permitted to be ruled by the same council that was elected to 
rule Pennsylvania, all the people voting. But the Pennsylvania 



THE UNITED STATES. 



67 



Strength largely preponderated in this council and its control 
grew irksome. So the lower counties withdrew, with the con- 
sent of Penn, and were incorporated into a separate government 
under Governor Markam. Thus did Delaware secure a sepa- 
rate existence (1691). It was the act of her own citizens. But 
one thing must be observed. The Stuart dynasty had fallen in 
England, and the revolution of 1688 had been completed by the 
induction of Protestant William and Mary. There was a new 
order of things beyond the water ; there was to be here. Dis- 
tinctive Delaware was not a Stuart creation, as were all the 
colonies before it. It therefore had no great change to contem- 
plate, no radical innovation to fear. It would go on smoothly, 
toward that destiny which awaited all the colonies, when the 
hour of Independence came. 

COLONY OF GEORGIA.— \:i^^ Delaware, Georgia was 
not to be a colony of the Stuarts. Every colony thus far had 

its motive for existence, moral, commercial or otherwise 

Carolina for the Huguenot, Virginia for the Cavalier, Maryland 
for the Catholic, Pennsylvania, New Jersey and Delaware for 
the Quaker, New York and Connecticut for the commercial 
Dutchman and Puritan, Rhode Island for the Independent, 
Massachusetts and the Northeast for the Puritan. Georgia was 
to be dedicated to the cause of oppressed poverty in the old 
world. England and Spain had long been clashing about the 
Florida and Carolina boundary. England determined to settle 
the proud claim of Spain to a limitless Florida; in other words 
she determined to push her Carolina border as far down as she 
could, and thus open the magnificent area of the Savannah. 
Oglethorpe, the Penn of the South, a member of parliament, 
knew of it. He had long been impressed with the hardships of 
the British debtor laws ; had seen thousands of really good but 
unfortunate men thrown into prison, lose their all, and their 
caste too, by means of them ; had devised a plan of giving them 
a home in the new world, far from the scenes of their misery 
and disgrace, and where industry and freedom would enable 
them to recover manhood and fortune. To further this end 
George II. granted him a charter (June 9, 1732) for the country 



68 POLITICAL HISTORY OF 

between the Savannah and Altamaha, and from the head springs 
of those rivers west to the Pacific. It was the province of 
Georgia (after the donor) and was placed for twenty-one years 
under the guardianship of a corporation " in trust for the poor." 
With 1 20 emigrants, Oglethorpe planted his ensign on the 
"high bluff" where Savannah now stands. His enterprise had 
been undertaken with the best wishes of benevolent England, 
It was welcomed by the natives of every neighboring tribe. 
Under the happiest auspices Oglethorpe began the Common- 
wealth of Georgia, " a place of refuge for the distressed people 
of Britain and the persecuted Protestants of Europe." And it 
was truly a refuge (but not for Catholics), for there came num- 
bers from England, from other colonies, and many Moravians 
from the continent of Europe. Augusta was laid out, 1734. 
Oglethorpe's government was somewhat crude, but it proved 
yielding and the colonists soon enlarged it to suit themselves. 
While it proscribed Catholics, it prohibited slavery. The fame 
of this youngest colony was much spread by Oglethorpe, who 
returned to England after a residence here of fifteen months. 
Scotch mountaineers came and pitched at New Inverness. 
Oglethorpe himself returned with large Moravian reinforce- 
ments. The enthusiasm of religion was abroad in the new 
country, and the colonists did not fear death. They were 
therefore brave to shove the Spanish back and make for Eng- 
land a southern border. Pushing to the St. John's and claiming 
it as the line, they planted Fort St. George, as the defence of the 
British frontier. At this Spain rallied. Negotiations ensued, 
and St. Mary's became the southern boundary of Oglethorpe's 
colony. But war soon followed, for England was not satisfied 
with the Spanish presence in Florida at all, neither was Spain 
satisfied with the Protestant menace which now hugged so 
closely her northern border. Oglethorpe valiantly defended his 
colony, drove off the Spaniards, and the ** pious experiment " 
was on a substantial footing. The transition of power from the 
corporation of Georgia, at the expiration of its twenty-one 
years, to the people was easy, and sovereignty was as free and 
fully representative as in any colony. 



THE UNITED STATES. 69 

REVOLUTION OF 1688.— One thing at least is clear in this 
sketch of colonial creations. The king ever, denied the right of 
the English parliament to interfere with his power to grant lands 
and to ordain governments for them. The Stuarts clung to this 
principle with Spartan tenacity. 

Another thing is equally clear. The colonies, accepting the 
Stuart doctrine, always claimed exemption from the laws of the 
British parliament. But in doing so they did not thereby fall 
back entirely under the legislation prescribed by the king. 
Colonists claimed the rights of Englishmen. Among those 
rights was that to a parliament or assembly. Local legislation 
was theirs by their birthright as Englishmen. Sovereignty 
meant the same thing here as at home. This at first, and after- 
wards vastly more, for the colonists had come here because their 
voice was not large enough at home, nor their rights as freemen 
broad enough. Here the word freeman meant vastly more 
than at home. The American assembly was therefore more 
clearly representative, more popular, more directly responsible. 
All freemen were in general eligible to it. There were no 
titles, no estates, nothing to hamper full, free representation. 
The republican or democratic spirit which had been under- 
mining the Stuart dynasty at home and shaking monarchical 
institutions to their centres, here found that expression denied 
it at home. It here won a victory which the king withheld 
from his own parliament. But the time had come in England 
when Englishmen must speak more firmly through their parlia- 
ment. It too must be made stronger against royal claims ; in 
other words must become more truly representative of the 
wishes of the people. The Stuart who would further defy 
public opinion, who would blindly arrogate legislative power, 
who would refuse to move with the age and in obedience to 
overwhelming sentiment, must abdicate. This was the revolu- 
tion of 1688. For the glory of England they passed from the 
throne, leaving as their monuments in America a tier of Atlantic 
colonies which owed their titles and limits to royal charters, but 
which in liberty and enlightenment were an hundred years in 
advance of the last representative of the line. 



70 POLITICAL HISTORY OF 

They were gone. The tide of liberty had rolled so high, 
even in England, as to engulf them. The people had assumed 
to sit in judgment on divinely appointed royalty. The old idea 
of a Christian monarchy resting on the law of God was exploded, 
and political power was to seek its origin in compact. Nothing 
was to bind freemen to obey government save their own solemn 
agreement. Power for the Stuart was a right. Power hence- 
forth was to be a trust, whose violation dissolved the obligation 
to allegiance. Supreme power was to be in the legislature, 
which was the true embodiment of the sovereignty of the peo- 
ple. In 1688 England had gotten as far on as Massachusetts in 
1620, or, for that matter, as any of the colonies at the date of 
their foundation. Yet not so far, for the parliament that arose 
to the full height of English sentiment in expelling the Stuarts 
and assuming to act as the guardian of power for the people, 
too boldly stood in the king's shoes. It was well enough at 
home, but when it claimed the right to legislate for the colonies, 
it was doing far more than smiting a dead Stuart; it was doing, 
now that there was no Stuart to interpose his despotic veto, 
that which would arouse in America a sentiment of opposition 
full of remonstrance at first, full of revolution at last. The 
parliament's fight was always with the king ; now it would be 
direct with the colonies. Thus, by a strange conjuncture of 
affairs, the very dynasty which had all along stood in the way 
of English progress and reform, had been not only the protec- 
tion of the colonies, but the chief contributor to the triumph of 
the republican spirit within them and to their ultimate inde- 
pendence. 

But as yet the consequences of the change in dynasty could 
not be foreseen. Even if some prophetic soul could have taken 
in the next century as far down as to 1776 or 1783, and proclaimed 
what it saw in tones sufficiently loud to have been heard by 
every colonist, the rejoicing over the accession of William III. 
and Mary would not have been less spontaneous and emphatic. 
Charters which existed had been overlapped and confused be- 
yond comprehension. Charters which covered heady and oppos- 
ing colonies had been unceremoniously and ruthlessly cancelled. 



THE UNITED STATES. 7I 

Many colonies had fought the battles of the new American 
institution and civilization against the king's claim of legislative 
interference, to the very verge of despair and surrender. But 
above all the new dynasty was confirmedly Protestant, and in 
that respect representative of a great majority sentiment at home 
and in the colonies. A source of fresh colonial inspiration, it 
began by rejecting the old order of things. Cancelled charters 
were restored. New governors were commissioned. There 
was jostling here and shaking up there, but in general the liber- 
ties of the people became more securely imbedded in well-under- 
stood forms of law. Prosperity was not retarded, nor faith in 
colonial experiment weakened. The grand result was a rebound 
of strength and confidence, and a new departure in colonial 
spirit and enterprise. Only on one side was the sky dark, and 
there hovered the cloud of the rejuvenated English parliament. 
The seeds of the American revolution had ever been in its claim 
of a right to legislate for the colonies. Now the seeds were 
bursting through the ground, for parliament was already legis- 
lating on American commerce ; they would grow and bear 
bloody fruit when the avowal came that the right existed to 
legislate for them in all cases whatsoever. 

STATE OUTLINES. — We have now taken a hasty view of 
English titles to the territory on the Atlantic coast. We have 
followed the divisions of that territory among the colonies, and 
seen how each colony got metes and bounds. Further, we have 
endeavored to give a reason for the existence of each colony, its 
underlying and actuating motive for colonization, the class of 
mind that took part in the work of pioneering, the shape their 
new institutions took almost from the start ; and especially have 
we tried to impress on the reader a knowledge of the active 
political spirit, the love of freedom, the desire for unfettered per- 
sonal sovereignty, the rapid growth of the democratic idea and 
republican institutions, in the new land, all in spite of firm attach- 
ment to monarchy, and because the men, the time, the country, 
made other results impossible. 

One can already see in these beginnings the dawn of the full 
state institution. The spirit which permeated each colony at 



72 POLITICAL HISTORY OF 

the time of the EngHsh revolution of 1688 did not change, ex- 
cept as it grew larger, freer, bolder, till the colonial yoke was 
broken.* And so one can see in the confused and overlapping 
boundaries of these colonies the dim territorial outlines of the 
thirteen original States. Indeed some, as Delaware, Maryland, 
Rhode Island, never afterwards shifted their colonial limits. 
With others, time brought about many geographic changes, and 
settled grave questions of boundary which arose chiefly from 
the fact that their charters and grants were either open at the 
western end, or extended clear through to the Pacific. The 
names of the colonies became the names of the respective 
States both under the articles of confederation and the present 
federal constitution. 

FRENCH EMPIRE.— Though the Dutch, the Swedes, and the 
French had passed from the Atlantic front of the present United 
States, the latter were still the proud claimants of vast and fertile 
areas North, West, and South. French adventure in America 
was a strange admixture of commercial and religious zeal. A 
single person was often priest, trader, and colonist. As already 
seen, the French advent was early. Years before the Pilgrims 
anchored at Cape Cod, French missionaries had planted a 
Roman Church in eastern Maine (161 5), and Le Caron, sub- 
sisting by alms from the natives, had, on foot and in canoe, 
pushed his way to the rivers of Lake Huron (1616). The grant 
of New France to Richelieu, Champlain, Razilly and the hundred 
associates, by Louis XIII. (1627), embraced the St. Lawrence 
basin, and that of all rivers running into the sea (hence the 
French claim to Maine and New York), and also all the country 

* " Even if the colonists disclaimed any present passion for independence, they 
were, in the inherent opposition between their principles and the English system, 
as ripe for governing themselves in 1689 as in 1776." — Bancroft, vol. iji., 109. 

"The independency the colonies thirst after is notorious." — Btitish Lords of 
Trade, in 1701. 

"Commonwealth notions improve daily, and if it be not checked in time the 
rights and privileges of English subjects will be thought too narrow." — Quarry, 
writing in 1703. 

" The colonists will in time cast off their allegiance and set up a government of 
their own." — Print, of 170s. 



THE UNITED STATES. 73 

south of Virginia and north of Spanish Florida (perhaps even 
all Florida).* To the West all was open, and to the Jesuit was 
entrusted the work of enlarging the French Dominion. Cham- 
plain held and peopled the line of the St. Lawrence. Brebeuf 
and Daniel pierced the Huron possessions, chanting their Te 
Deums among the pines and bringing the tawny natives to sea 
the light. Quebec and Montreal got to be important towns, and 
the great lake water-ways became familiar. Frenchmen stood 
looking into the land of the Sioux, the great valley of the Mis- 
sissippi, five years before Eliot addressed the Indian in the 
vicinity of Boston. Marquette established the Mission of St. 
Mary, at the outlet of Lake Superior, in 1668. It was the oldest 
settlement by Europeans within the present State of Michigan, 
but was not permanent. He projected the discovery of the true 
Mississippi, and designed to plant the banners of France on the 
Pacific or by the side of Spain, on the Gulf of Mexico. With 
Joliet for a companion, they ascend the Fox River, cross to the 
Wisconsin, and in two birch-bark canoes '' happily float down the 
great river " between the wide plains of Illinois and Iowa, to 
Des Moines, then past the great Missouri, the Ohio (then called 
Wabash), and on to the Akansea (Arkansas). There they found 
that the Father of Rivers went, not into the ocean east of Florida, 
nor yet into the Gulf of California. Returning, they ascended 
the Illinois, passed up through Chicago to Lake Michigan (Lake 
of the Illinois), and on to the Green Bay Settlement (1673). 

La Salle took up the wondrous tale and added one of its most 
brilliant chapters. His towns mark his trail. Leaving Niagara 
in 1679, he was at the site of Detroit,t Mackinaw, up the St 

■^ This New France of the South was the portion Coligny designed to settle with 
Huguenots, and after him Raleigh. It passed naturally from France to England, 
because both countries were anxious to see Raleigh redeem Coligny's failure, and to 
have a Protestant barrier set up against Spain's Catholic Florida. 

f Detroit was permanently settled by De la Motte Cadillac, with one hundred 
Frenchmen, in June, 1 701. It is the oldest permanent settlement in Michigan. 
Michigan, therefore, has a history back of Georgia, and is the oldest of the Western 
Stales with, perhaps, the exception of Illinois. We sdi.y perhaps, because the claim 
is made that Kaskaskia (111.) was the oldest permanent European settlement in the 
valley of the Mississippi. It was founded by Father Gravier, as a Jesuit Mission, 



74 POLITICAL HISTORY OF 

Joseph, and over at Kankakee. While Hennepin took in the 
upper Mississippi, perhaps to its source, La Salle studied the 
valleys of the Ohio, Illinois and Tennessee, and in 1682 descended 
the Mississippi to its mouth, realizing Marquette's dream of plant- 
ing the arms of France on the Gulf It was named Louisiana, in 
honor of Louis XIV., and " the terrestrial paradise of America," 
" the delight of the New World." By 1685 a colony came for Lou- 
isiana, but striking Matagorda Bay, it stopped there, and made 
Texas a part of the French Empire in America. By no treaty 
or document did France ever relinquish her hold on Texas ex- 
cept by the general cessions of Louisiana. 

For years France clung tenaciously to her magnificent Amer- 
ican possessions, the richest, best watered, most boundless, 
owned by any foreign nation. Though an active and indefati- 
gable colonist, her institutions were too far behind the age, too 
much infused with Romanism, too feudal in character, to find 
high or permanent development in the new soil. By 1706 her 
title to the New France of the South, between Virginia (really 
the Carolinas) and Florida, had been wholly merged in that of 
England. In 17 1 3, Acadia (Nova Scotia and part of Maine) was 
ceded to the English. It " was the most important part " of the 
New France of the North. There was a general withdrawal of 
all French claims to the line of Lake Champlain, and to the set- 
tlements in New York. But by 172 1 they were back at Niagara, 
and stout claimants for, as well as actual occupants of, their St. 
Lawrence possessions. 

Their Louisiana, which had not been affected by the peace of 
Utrecht (171 3), was a wonderful country. Blending with New 
France on the line of the lakes, and cut off nowhere in the north 
except by the possessions of the Hudson Bay Company in the 
extreme northwest, it ran to the gulf at Mobile, swept the gulf 
line to the mouth of the Rio Grande, then up to the Red River 
ridges, then west to the Gulf of California. These were ideal 

but the date is not known exactly. He was in Illinois in 1693, and probably his 
mission was then founded. The fact that Kaskaskia got to be an important mis- 
sionary centre may have helped to give it rank as the oldest permanent settlement 
of the West. 



THE UNITED STATES. 75 

bounds, but such as France was willing to maintain against both 
England and Spain. Not a fountain flowed west of the sources 
of the Allegheny, Monongahela, Kanawha or Tennessee which 
did not rise in French soil. What a menace to the British 
colonies ! What a barrier to westward advancement ! Such 
could not long be. By the tripartite treaty of February 16, 
1^6^, between England, France and Spain, France ceded to Eng- 
land all Canada and all of her Louisiana east of the Mississippi 
and as far south as the Iberville River, thence eastward to the sea. 
This left her only a small strip along the gulf, east of the Mis- 
sissippi, and her immense domains west of that river. But only 
for a moment. On the same day all that was left of Louisiana 
on the continent was ceded to Spain. France was virtually out 
of the country. It had been a war (the Seven Years' War) for 
new territorial adjustment, both in Europe and America, and 
even in view of the results on this continent alone, well may 
George III. have said : " England never signed such a peace 
before, nor, I believe, any other power in Europe." 

RESULTS OF FRENCH Z6>55.— Moreover, it had been 
a war largely fought on American soil. Never before had the 
forests of the New World reverberated the steady tramp of so 
many armed and disciplined men. At Lake George alone there 
assembled an army of 15,000 from New York, New Jersey and 
New England for the grand assault on Canada. To the south 
the forces of Virginia, Maryland and Pennsylvania fell into line 
to move on Fort Duquesne, and embalm the name of Pitt in the 
border town (Pittsburg), which was to stand as the gateway of 
the west so long as the Allegheny and Monongahela shall flow 
to form the Ohio, or the English tongue shall continue to be the 
language of freedom in the boundless areas traversed by their 
waters. And still farther to the south arose the clangor of camp 
and din of war. France would strike the rear of Virginia and 
the Carolinas by means of the Indians in the fastnesses of Ten- 
nessee, fed and spurred on by food and counsel from the line of 
the Mississippi. The rangers of the Carolinas did their best to 
puncture the eastward moving centre of the mighty Cherokees. 
If they failed, failure was not disastrous, for peace covered dis- 



76 POLITICAL HISTORY OF 

comfiture v/ith the bloom of new auspices, and a knowledge of 
the Tennessee and Cumberland valleys had been gained which 
would soon be turned to good account. 

THE AMERICAN OUTLOOK.— \i the English king and 
Protestant Europe could justly fall into raptures over the im- 
mense results of the war in America alone, much more could 
the colonies pride themselves on such results. They had opened 
an empire for themselves beyond the Alleghenies, across the 
prairies, even to the father of waters. The acquisition repre- 
sented their money, valor and blood. Even the plan of striking 
France through her New France and Louisiana was American, 
and due to the sagacity of our own Franklin. Then its result here 
was not a mere riddance of a powerful neighbor, not a mere 
acquisition of limitless, fertile acres. It was proof that the 
colonies could stand together in the face of a common danger, 
evidence that thus compacted they had all the elements of a 
nation, and especially that of strength to defend themselves 
against old world aggression, however skilfully armed and boldly 
pushed. With confidence, therefore, they peered from the peaks 
of the Alleghenies into their western valleys, and with a fervor, 
too, equal to that of Marquette, who, seventy years before, stand- 
ing on the margin of the lakes, cast his prophetic eye to the 
gulf and saw the French lily bloom perennially amid the wild 
flowers of the prairies. Thus contemplating a political mastery 
which ranged from the gulf to the poles, whose forms of institu- 
tion, law and literature were to spread the English tongue more 
widely than any that had ever given expression to human 
thought, the gazers from their mountain tops might well have 
chanted in chorus Bancroft's sublime apostrophe : 

*' Go forth, then, language of Milton and Hampden, language 
of. my country, take possession of the North American conti- 
nent ! Gladden the waste places with every tone that has been 
rightly struck on the English lyre, with every English word that 
has been spoken well for liberty and for man ! Give an echo to 
the now silent and solitary mountains ; gush out with the foun- 
tains that as yet sing their anthems all day long without response; 
fill the valleys with the voices of love in its purity, the pledges 



THE UNITED STATES. 77 

of friendship in its faithfulness, and as the morning sun drinks 
the dewdrop from the flowers all the way from the dreary At- 
lantic to the Peaceful ocean, meet him with the joyous hum of the 
early industry of freemen ! Utter boldly and spread widely 
through the world the thoughts of the coming apostles of the 
people's liberty, till the sound that cheers the desert shall thrill 
through the heart of humanity, and the lips of the messenger of 
the people's power, as he stands in beauty upon the mountains, 
shall proclaim the renovating tidings of equal freedom for the 
race!" 

DRIFT TOWARD INDEPENDENCE.— ThQ plans of 
kings, as well as those of ordinary mortals, go oft awry. The 
wisdom of statesmen however shrewd may become a torment to 
nations. When England drove out the Stuarts, and enthroned 
Protestantism in the person of William III. and Mar}^, she un- 
wittingly strengthened the hands of aristocracy, and organized 
a parliament which in support of its own claims to authority 
could never consistently surrender its control of the American 
colonies. Here was the beginning of independence and revolu- 
tion. Now, by the Treaty of Paris (1763), and the cession of her 
American possessions to England and Spain, France had very 
deftly shifted the whole colonial policy of Europe. Her states- 
men saw that for France to attempt to maintain colonies in New 
France and Louisiana, was to incur constant wars and expend- 
itures, if not to attempt impossibilities. They saw that her 
monarchical forms simply shut off from her American colonies 
even her own philosophy, economy, industrial genius, legal 
skill, and ideas of Protestant freedom, and that without these, or 
even better than these, no American colony could be made to 
live permanently and prosper vigorously. They saw that the 
exhausted polity of the middle ages, the castes of feudal Europe, 
the despotism of infallible churchism, the titles of nobility, 
the leases of land to vassals, and vassalage itself, could not 
be perpetuated, where men who held the plough were the 
bone and sinew of the land, and the only hope of colonial 
success. 

And seeing these things — the power of England and Spain 



78 POLITICAL HISTORY OF 

had opened their eyes to them — they were not afraid to make 
confession of them by that surrender which left France without 
a patch of American ground. 

And they saw other things too. They saw that as England 
held the Atlantic front, her future colonial policy would be 
largely commercial. If France should add to this front a do- 
main extending to the Mississippi, to the gulf, and to the pole, 
it would make England's policy both political and commercial. 
It would sharpen the desire of her parliament to rule it from 
home, and would make anxious and determined that authority, 
which nothing but revolution could shake. In a word, it would 
fully commit England to a dominion in America, in accordance 
with her own forms of law. And thus committed, France saw 
that the British situation would be full of dangers. Far ad- 
vanced as England was, it would still be like an attempt to fit a 
dead carcass to a living soul, for English-America had English 
liberties in greater purity, and with far more of the power of the 
people than in England. The colonial inhabitants were self- 
organized bodies of freeholders, natural forest-levelers, industrious 
soil-winners, bold pioneers, pushing their way farther and farther 
each year, and scorning to take any step backward. They had 
schools, printing presses, books, newspapers, lawyers, doctors, 
ministers of their own choosing. They were self-helpful in 
private affairs, and confident of their ability to care for them- 
selves politically through their local legislatures and municipal 
corporations. They were proud of their dwelling-place, and 
had unbounded faith in its future, under their own management. 
They were strong numerically and physically, and had just 
showed that they were capable of union both for defending the 
flag of England, and driving off the French foe that hovered all 
along their northern and western border. That menace removed, 
the need of reliance on England for protection against France 
no longer felt, left alone to confront only the attempt of England 
to fasten on them her obnoxious laws, what wouldn't they do ? 
France saw what they would do, and knew what they were 
capable of doing. Her surrender of Canada and Louisiana was 
therefore a blow at England. She would turn the force to which 



THE UNITED STATES. 79 

she had to succumb into a weapon with which England might 
cut her own colonial throat.* 

BAD FIX OF ENGLAND.— ThQ Treaty of Paris (1763) 
left England with a debt of ;^700,ooo,ooo, half of which was due 
to The Seven Years' War. She got nothing in Europe to com- 
pensate her. But she got, in America, Canada and the Ohio 
Valley. With her rule of the former we have nothing to do. 
The latter came directly to her Atlantic colonies. As they pro- 
fited, therefore should England profit. Here began that scheme 
of parliamentary control which was designed to make the col- 
onies pay as much of the English war debt as possible, which 
took exclusive jurisdiction of their commerce, which imposed 
burdensome taxes, which denied representation in the British 
parliament, and which culminated in the claim of a right to ex- 
clusive legislative jurisdiction. , The colonial charters should all 
fall and one uniform system of government be substituted in 
their stead. To make sure of order and strict enforcement of 
law, a part of the standing army was to find quarters in the col- 
onies and be supported at their expense. The father of the 

*This policy of France, even if a compulsory one, was far-sighted and clung to 
with the greatest tenacity. She had studied it long and well, and its merits were 
recognized by shrewd observers, long before the game was exposed by the surrender 
of her American territory. As early as 1748 it was reasoned in New York that the 
conquest of Canada by relieving the northern colonies from danger would hasten 
their emancipation. A Swedish traveller, in that year, published the same in 
Europe as his impression. It was an early dream of John Adams that the " re- 
moval of the turbftlent Gallics," would be a prelude to the approaching greatness 
of the country. The French minister of foreign affairs warned the English envoy 
that the cession of Canada would lead to the independence of North America. 
When New France surrendered, Choiseul, a Frenchman, exclaimed, " We have 
caught them (the English) at last." Vergennes said, " England will ere long re- 
pent of having removed the only check that could keep her colonies in awe. She 
will call on them to contribute toward supporting the burdens they helped to bring 
on her, and they will answer by striking off all dependence." Lord Mansfield de- 
clared, "Ever since the Treaty of Paris I always thought the Northern Colonies 
were meditating a state of independency on Great Britain. France backed the 
policy thus begun by aiding the colonies when they did strike for independence. 
And so Napoleon, to further aid the commercial supremacy of the United States 
and cripple that of England, got possession of Spanish Louisiana, only to turn it 
over to this country." 



go POLITICAL HISTORY. 

scheme was the celebrated Charles Townsend, English First 
Lord of Trade, with the administration of the colonies, who was 
supposed to know more about American affairs than any other 
man. It struck parliament March 9, 1763, in the shape of an 
American tax-bill, and almost immediately the colonies, espe- 
cially those of the north, began to thunder back their resentment. 
The horns of parliament and the colonies were locked in that 
dread encounter which in thirteen years would result in inde- 
pendence. 

FIRST COLONIAL CONGRESS.— Townsend' s Tax scheme 
was known to be the forerunner of the Stamp Act, Sugar Act, 
and Tea Act, which, when they came, would crown the power 
of parliament to get into the homes and pockets of the American 
colonists. The sentiment of protest therefore became as lively 
as if these acts were already a fact. The stream of resistance 
ran rapidly and angrily, and bore along inevitably toward the 
final plunge into revolution. The eloquent voices of Samuel 
Adams and James Otis were heard in Massachusetts, and a 
Boston town-meeting, protesting loyalty to the crown, pleaded 
for the rights of *' the free-born subjects of Great Britain in 
America." * 

A response was heard from the Rhode Island assembly, where 
Stephen Hopkins was governor (1764). New York, which had 
moved in 1759, now seconded her first motion. North Carolina 
expressed her concurrence with the views of Massachusetts in 
the same year. And soon Connecticut, Pennsylvania, South 
Carolina, and Virginia joined their voices of remonstrance to 
the chorus, which was now heard high above the din of waves 

* Otis argued that the original possessors of power were the whole people ; that 
the colonies enjoyed the right of governing and taxing themselves through their local 
legislatures; that there was no proscription old enough to supersede the law ot 
nature and the grant of God Almighty, who had given all men a right to be free; 
that nothing but life and liberty were hereditable ; that in solving the grand political 
problem the first principle must be the equality and power of the whole. And these 
became the prevailing Whij; (anti-Tory) views of the day and the colonial cause. 
The party names were Whigs, Patriots, Sons of Liberty, these for the colonists 
opposed to taxation ; and Loyalists, Tories and Friends of Government, these for 
the parliament and crown. 





81 



82 POLITICAL HISTORY OF 

on the whole Atlantic front. Plea followed plea, for justice; 
petition after petition was sent over for parliament to stay its 
hard, heavy hand. Argument after argument was advanced in 
favor of free colonial existence, subject always to that depend- 
ence which had existed from the start. Parliament persisted. 
Townsend closed his mightiest effort in favor of the Stamp Act 
(1765) with "These children of our planting (the colonists), 
nourished by our indulgence until they are grown to a good 
degree of strength, and opulence, and protected by our arms, 
will they grudge to contribute their mite to relieve us from the 
heavy load of national expense which we lie under?" 

To which Colonel Barre, with eye darting fire and voice full 
of emotion, replied : " Children planted by your care ? No ! 
your oppression planted them in America. They fled from your 
tyranny into a then uninhabited land where they were exposed 
to almost all the hardships to which human nature is liable, and 
among others to the savage cruelty of the enemy of the country 
— a people the most subtle and terrible of any that ever in- 
habited any part of God's earth ; yet, actuated by principles of 
true English liberty, they met these hardships with pleasure, 
compared with those they suffered in their own country from 
the hands of those that should have been their friends. 

" They nourished by your indulgence ? They grew by your 
neglect of them. As soon as you began to care for them, that 
care was exercised in sending persons to rule over them in one 
department and another, who were perhaps the deputies of some 
deputy of members of this house, sent to spy out their liberty, to 
misrepresent their actions, and to prey upon them — men whose 
behavior on many occasions has caused the blood of those Sons 
of Liberty to recoil within them — men promoted to the highest 
seats of justice; some, to my knowledge, were glad by going 
to foreign countries to escape being brought to a bar of justice 
in their own. 

" They protected by your arms ? They have nobly taken up 
arms in your defence, have exerted their valor amidst their con- 
stant and laborious industry for the defence of a country whose 
frontiers, while drenched in blood, its interior parts have yielded 



THE UNITED STATES. g3 

all its little savings to your enlargement ; and believe me — re- 
member I this day told you so — that the same spirit which actuated 
that people at first will continue with them still. But prudence 
forbids me to explain myself further. God knows I do not at 
this time speak from motives of party heat. What I deliver are 
the genuine sentiments of my heart; however superior to me in 
general knowledge and experience the respectable body of this 
House (of Commons) may be, yet I claim to know more of 
America than most of you, having seen and been conversant in 
that country. The people there are as truly loyal, I believe, as 
any subjects the king has ; but a people jealous of their liberties, 
and who will vindicate them, if they should be violated. But 
the subject is too delicate. I will say no more." 

Imagine the effect upon the colonists of a speech like this 
fired right into the midst of a Tory parliament ! Otis suggested 
to the Massachusetts assembly a meeting of committees from all 
the assemblies of the colonies and a circular was sent out to 
such assemblies, to secure joint action in opposing the English 
policy. Now, England trusted her entire policy of taxation to 
the assumed fact that union among the colonies was impossible. 
As the response to the Massachusetts circular was slow, it began 
to seem as if the English idea were, for the time being, correct, 
but Virginia sprang into the front, and her Patrick Heni-y, 
against the opposition of such as Bland, Pendleton, Randolph, 
and Wythe, startled her House of Burgesses with his warning 
flash of history : " Tarquin and Caesar had each a Brutus ; 
Charles the First his Cromwell ; and George the Third [cries of 
treason ! treason !] may profit by their example ! " The result 
(1765) was a series of resolutions whose gist was no obedience 
to a law imposing a tax not sanctioned by the general assembly. 
Rhode Island agreed to act in concert with Massachusetts. 
South Carolina, through the influence of Gadsden, selected com- 
missioners. Pennsylvania and Connecticut acted similarly. All 
the thirteen colonies either expressed sympathy or chose dele- 
gates. " Join or die " became a favorite motto. The " Sons 
of Liberty " were organized, who meant opposition of the 
most determined character. " Liberty, property, and no 



34 POLITICAL HISTORY. 

stamps " was the greeting prepared for the Enghsh stamp dis- 
tributors.* 

The congress met in the City Hall, New York, Oct 7, 1765. 
It consisted of twenty-eight delegates from nine colonies, four, 
though sympathizing with the movement, not choosing repre- 
sentatives. For the first time the patriots of America were 
together on the question of entire colonial union. It published 
a declaration of rights and grievances, expressing loyalty to the 
king, respect for parliament where it had a right to legislate, 
claiming the rights of English-born subjects, affirming the injus- 
tice of taxation without representation, setting forth the adequacy 
of their own local legislatures to attend to all their local con- 
cerns.f An address to the king was prepared in the same spirit. 
The congress adjourned on the 25th of October. 

There was something now to give coherency to debate and 
resolution in the respective colonies. The Whig and Tory 
parties in each could talk to a point, and they did with a direct- 
ness and vehemence which made the forest assemblies ring. 

* The Stamp Act passed the House of Commons Feb. 27, 1765, and the House 
of Lords March 8, 1765. It introduced direct taxation into the Enghsh policy. 
But for the fact that it was carrying that policy to the uttermost, it should not have 
been as objectionable as the previous navigation acts which virtually limited Ameri- 
can trade to England alone. Americans could get no commodity of use to them, 
from any nation, other than England, without collecting a heavy duty on it for 
England's benefit. And now, under the Stamp Act, stamps were to be paid for and 
affixed to all legal and commercial transactions of moment. 

f The colonies represented were : 

Massachusetts, by James Otis, Oliver Partridge, Timothy Ruggles. 

South Carolina, by Thomas Lynch, Christopher Gadsden, John Rutledge. 

Pennsylvania, by John Dickinson, John Morton, George Bryan. 

Rhode Island, by Metcalf Bowler, Henry Ward. 

Connecticut, by Eliphalet Dyer, David Rowland, William S. Johnson. 

Delaware, by Thomas McKean, Caesar Rodney. 

Maryland, by William Murdock, Edward Tilghman, Thomas Ringgold. 

New Jersey, by Robert Ogden, Hendrick Fisher, Joseph Bordon. 

New York, by Robert Livingston, John Cruger, Philip Livingstone, William 
Bayard, Leonard Lespinward. 

Virginia, New Hampshire, Georgia and North Carolina did not send delegates. 

Delegates present from only six of the colonies signed the proceedings of the con- 
gress? ; New York, Connecticut and South Carolina delegates not being authorized 
to sign. 





85 



SQ POLITICAL HISTORY. 

The turmoil grew thicker and louder, and the voice of remon- 
strance turned to angry, desperate threat of everlasting resist- 
ance, when the odious Grenville ministry fell and the Rocking- 
ham Cabinet took its place. It had an ear for colonial plaint, 
and Franklin * was there to fill it with his wisely weighed 

* Grenville. " Do you think it right that America should be protected by this 
country and pay no part of the expense ? " 

Franklin. " That is not the case : the colonies raised, clothed and paid during the 
last war (with France for Canada and Louisiana) 25,000 men and spent many mil- 
lions of pounds." 

Grenville. " Were you not reimbursed by parliament ? " 

Franklin. " Only what, in your opinion, we had advanced beyond our propor- 
tion, and it was a very small part of what we spent. Pennsylvania spent £^oo,ooci 
and got back ;!^6o,ooo." 

Grenville. " Do you think the people of America would submit to pay a stamp 
duty, if it were moderated?" 

Franklin. " No; never. They will never submit to it." 

Grenville. " May not a military force carry the Stamp Act into execution? " 

Franklin. "Suppose one were sent to America; they will find nobody in arms, 
what can they do ? They cannot force a man to take stamps who chooses to do 
without them. They will not find rebellion ; they may, indeed, make one." 

Grenville. " How would the Americans receive a future tax, imposed on the same 
principle with that of the Stamp Act ? " 

Franklin. " Just as they do this ; they will not pay it." 

Grenville. " What will be the opinion of the Americans on the resolution of 
parliament asserting the right to tax them ? " 

Franklin. " They Avill think it unconstitutional and unjust." 

Grenville. " How would they receive an internal regulation connected with the tax ? " 

Fra?tklin. " It would be objected to. When aids to the crown are wanted they 
are, according to the old established iisage, to be asked of the assemblies, who will, 
as they always have done, grant them freely. They think it extremely hard that a 
body in which they have no representation should make a merit of giving what is 
not its own, but theirs." 

Townsend. " Is not the post-office which they have long received a tax as well as 
regulation?" 

Franklin. " No ; the money paid for postage of letters is a remuneration for 
service done." 

Townsend. " If a small tax were levied, would they submit? " 

Franklin. " They will oppose it to the last. The people will pay no internal tax 
imposed by parliament." 

Grenville. " But suppose the internal tax to be laid on the necessaries of life? " 

Franklin. " I do not know a single article imported into the northern colonies 
but what thay can do without or make themselves. The people will work and spin 
for themselves in their own nouses. In three years there may be wool and manu- 
factures enough." — Condensed from Bancroft, vol. v., 430-433. 



THE UNITED STATES. 87 

words of remonstrance and counsel. The Stamp Act was re- 
pealed March i8, 1766, and a thrill of joy was felt throughout 
colonial America. Liberty Tree in Boston was lighted with 
lanterns : South Carolina voted Pitt, the Whig leader in the 
House of Commons, a statue ; Virginia an obelisk to the king. 
The resolutions and address of the first American Congress, 
which had called a halt in parliament, were thus being rever- 
berated through the colonies. 

AN AMERICAN PARTY.— ?>m\. joy was soon turned to 
sorrow. Pitt left the Commons and went into the House of 
Lords, as Earl of Chatham. This brought the odious Charles 
Townsend to the front again in the Commons, and he was at his 
old scheme of American taxation, this time in a form even more 
objectionable than the Stamp Act. An export tax was to be 
collected on all goods sent to America. Any American assem- 
bly which dared to discuss the measure or appoint delegates to 
a convention or congress whose object was to remonstrate 
against it or to take further steps toward colonial union, was to 
be regarded as seditious, and if need be dispersed. Again the 
colonies were in a ferment. This time the sentiment of union 
and independence was deeper and bolder. Every colony agreed 
to resist to the uttermost the claim of the parliament. The 
result was a partial repeal of the obnoxious act, but the danger 
was not wholly removed. What had been all along a patriotic 
public opinion was now becoming an anti-English or American 
party. The demand became specific for a Union and a Con- 
gress, and it was urged that such a union, firm and perpetual, 
would be a sure foundation for freedom and the great basis 
of every public blessing. All the colonies were enjoined to 
prepare to act as joint members of the Grand American Com- 
monwealth. 

TEA ACT AND A CONGRESS.— T\iQ Tea Act of 1773 
was an effort to tax the colonists for the benefit of a mere 
trading company. The mighty surge of passion now plainly 
meant resistance. The demand was for a " Congress of Ameri- 
can States to frame a bill of rights or form an Independent 
State, an American Commonwealth." THus thundered the Press 



88 



POLITICAL HISTORY. 



throughout the colonies. " Union, Union, was the first, the last 
hope for America." The contents of the Boston tea-ships were 
emptied in the harbor. Those for Philadelphia put back with- 
out unloading. Those for Charleston landed their contents to 
have them perish in the cellars. The ministry had chosen the 
least effective way of governing, and the most effective way of 
uniting the colonies. Louder than ever cried the Press ; ** No 
time is to be lost; a Congress or meeting of the American 
States is indispensable, and what the people wills shall be 
effected" (1773). The predicament of parliament was getting 
more desperate every day. It must recede, or coerce the defiant 
colonists. The Boston Port Act (1774) was coercive. Now, 
said Samuel Adams, " Not only common danger, bondage and 
disgrace, but national truth and honor, conspire to make the 
colonists resolve to stand or fall together." On the flag floating 
over the popular assemblies which gathered everywhere was the 
legend " Union and Liberty." Wrote Ezra Stiles, " If oppres- 
sion proceeds despotism may force an annual congress ; and a 
public spirit of enterprise may originate an American Magna 
Charta and a Bill of Rights, supported by such intrepid and 
persevering importunity as even sovereignty may hereafter 
judge it not wise to withstand. There will be a Runnymede in 
America." * A population of two and a half million colonists 
were in action, moving steadily forward, marching together 
toward an end which Providence had marked out for them. 

Plans for a Congress were well under way. Delegates were 
being selected and instructed, and the talk of Independence, 
Union and force was universal. The calm Washington said in 
the Virginia Convention, "I will raise one thousand men, subsist 
them and equip them at my own expense, and march myself at 
their head for the relief of Boston." f At ten o'clock, Sept. 
5, 1774, delegates from twelve colonies (Georgia did not elect) 
met at Carpenters' Hall, Philadelphia, and began the Sessions of 

* Holeme's Life of Stiles. The time of the writing was July i, 1774. 
f August, 1774, Works John Ada7?is, ii., 360. Lynch of South Carolina said to 
John Adams this was the most eloquent speech that ever was made. 




89 



90 POLITICAL HISTORY OF 

the First Continental Congress.* They came well instructed 
and full of the work in hand, literally forced together by a 
common grievance. The spectacle was one calculated to im- 
press any beholder. Differing in religion, commercial interests, 
in everything dependent on climate and labor, in usages and 
manners, and swayed by prejudices, even quarreling about 
boundaries, the colonies found themselves in one representative 
body, and the exponent of a power that was to be felt throughout 
the civilized world.f 

CONGRESS AND UNION—" To petition for redress, to 
restore harmony between Great Britain and America." On this 
basis the Congress started, with Peyton Randolph as president. 
" Each colony should have one vote ; " this after animated de- 
bate. The Congress sat with closed doors. Word came that 
Gage was firing on Boston. This nerved the members. Gallo- 
way's Tory plan for governing the colonies as dependencies of 
Great Britain was rejected, and the vote showed that the Whigs 
had control of the Congress. A resolution of sympathy with, 
and approval of, the conduct of the Massachusetts people was 

* The colonial Congress of 1765 at New York was properly speaking a conven- 
tion. So of that at Albany in 1754. 

f The delegates were, in the order of their choosing by the colonies : 

Rhode Island, Stephen Hopkins, Samuel Ward. 

Massachusetts, Thomas Cushing, Samuel Adams, John Adams, Robert Treat 
Paine. 

Maryland, Matthew Tilghman, Thomas Johnson, Robert Goldsborough, William 
Paca, Samuel Chase, 

Connecticut, Eliphalet Dyer, Roger Sherman, Silas Deane. 

New Hampshire, John Sullivan, Nathaniel Folsom. 

Pennsylvania, Joseph Galloway, Samuel Rhoades, Thomas Mifflin, Charles 
Humphries, John Morton, George Ross, Edward Riddle. 

New Jersey, James Kinsey, William Livingstone, John Dehart, Stephen Crane, 
Richard Smith. 

Delaware, Caesar Rodney, Thomas McKean, George Reed. 

South Carolina, Henry Middleton, John Rutledge, Thomas Lynch, Christopher 
Gadsden, Edward Rutledge. 

Virginia, Peyton Randolph, Richard Henry Lee, George Washington, Patrick 
Henry, Richard Bland, Benjamin Harrison, Edmund Pendleton. 

North Carolina, William Hooper, Joseph Hewes, Richard Caswell. 

New York, James Duane, John Jay, Philip Livingston, Isaac Low, William 
Floyd, Henry Wisner, John Alsop, John Herring, Simon Boerum. 



THE UNITED STATES. 9X 

passed and ordered to be sent to Gage. On October 14, 1774, 
the celebrated Bill of Rights was agreed upon. With the excep- 
tion of two articles it was adopted unanimously. It was passed 
with the hope that it would lead to a permanent colonial union, 
self-supporting, self-governing, yet a union unbroken in its con- 
nection with England. The next step was coercive. The Con- 
gress agreed to a great American association (October 20) to 
regulate commercial intercourse with Great Britain. It consisted 
of fourteen articles, and the covenant was in these words : *' We 
do for ourselves and the inhabitants of the several colonies, 
whom we represent, firmly agree and associate under the sacred 
ties of virtue, honor and love of country." It looked to non- 
importation, non-exportation and non-consumption of English 
merchandise as a means of compelling the restoration of Amer- 
ican rights. It struck directly at the slave trade. It agreed on 
non-intercourse with any colony that violated the articles of the 
association, holding it as " unworthy the rights of freemen and 
as inimical to the liberties of their country." This compact for 
the preservation of American rights, this " league of the conti- 
nent which first expressed the sovereign will of a free nation in 
America," may be justly regarded as the commencement of the 
American Union.* Its members had no hope that their actions 
would prove acceptable to England. They therefore adjourned, 
privately advising one another to prepare for the worst and to be 
looking after sinews of war and methods of defence. Fixing 
the 1 0th of May, 1775, as the time for a second Congress, it dis- 
solved on October 26, 1774. Its work was ratified in the entire 
twelve colonies with a heartiness and unanimity which showed 

* " The signature of the association by the members of the Congress may be 
considered as the commencement of the American Union." — Hildreth, iii., p, 46. 

"Among all the original associates in the memorable league of the continent in 
1774, which first expressed the sovereign will of a free nation in America, he 
(Washington) was the only one remaining in the general government." — President 
John Adams, December 22, 1799. 

" It was an embodiment of the sentiment of Union and of the will of the people 
on the subject of their commercial relations — the first enactment, substantially, of a 
general law for America. For nearly two years the instrument was termed " The 
Association of the United Colonies." — Frothing ham'' s Rise of the Republic, p. 374. 



92 POLITICAL HISTORY OF 

how deeply the sentiment of union was laid and how all-pervad- 
ing it was. The States of Greece, after centuries of existence, 
never reached the dignity thus attained by the American col- 
onies, to wit, that of a federal council habitually directing and to 
be habitually obeyed. The Whigs saw in the union a sentiment 
crystallized into law and power. The Tories saw in it only an 
ebullition, a rope of sand. It was at least such a thing, said 
Richard Stockton, " as would repel force by force if the British 
government should attempt to execute its acts by force." The 
doings of the Congress were rejected by the king and parlia- 
ment, and force was agreed upon. 

SECOND CONGRESS. — Nearly the same members as com- 
posed the first Congress assembled in Independence Hall, May lo, 
1775. All its acts looked to a closer colonial union. But up came 
the question of sovereignty. What is its source, what its limit? 
Whejice does it come, where does it stop ? The answer would in- 
volve the real principle of govei nment. The provincial assembly 
had been a great training school. It was, tacitly at least, agreed that 
the people were the source of sovereignty, that it was theirs to 
command, to institute organic law, to establish public authority, 
to compel obedience. On this foundation rose the American 
superstructure of permanent, federal government. It was not a 
shock to the architects, but in fitting the principle to practical 
union much difficulty would be experienced, many surrenders 
would have to be made, for, be it known, the colonies had as yet 
few elements of union in themselves. The impelling thing was a 
common danger. The vigor, power, beauty, advantage, pride of 
union were things to be unknown to them, or only guessed at, 
till the panoply of union had been over them for a little time. 

The second great question was defence. Boston was besieged. 
Washington was made commander-in-chief of all armies raised 
or to be raised for the defence of America by unanimous ballot 
on June 15, 1775. Thus began an American army. Franklin 
submitted a plan of confederation and perpetual union under the 
name of " United Colonies of North America."* Lord North 

* This plan was submitted July 21, 1775. It was not acted on at this session, but 
was largely incorporated in the Articles of Confederation. 



THE UNITED STATES. 93 

had weakened a little and submitted a plan by which he thought 
peace might be brought about. It was submitted to Franklin, 
Jefferson, John Adams and Richard Henry Lee. Their report, 
repudiating it, was adopted by the Congress July 31. The col- 
onies deliberately chose the hazards of war rather than surrender 
their ancient right of self-government. North hoped to deal 
with them as separate units. They resolved to be dealt with only 
as a bundle of units — a nation. Postal communication was estab- 
lished from New Hampshire to Georgia ; two persons were ap- 
pointed to act as joint treasurers of the colonies ; other defensive 
measures followed. Then Congress adjourned (August i) till 
September 5. The nearer war came, the more they shrank from 
it, at least the more cautious they became. Tory sentiment was 
active. Every step taken must be a sure one. The adjourn- 
ment would give time to hear from the colonists, and especially 
to hear from the last memorial to the king. By the 13th of 
September the Congress was in full session again, with Georgia 
represented. From this time on the union was called " The 
Thirteen United Colonies." The king's reply to the memorial 
came back in the shape of a proclamation for suppressing rebel- 
lion and sedition, for, said he, " It would be better to totally 
abandon the colonies than to admit a single shadow of their 
doctrines." The wheels of Providence were now in swiftest 
motion. Lexington and Concord had been fought in April, 
Ticonderoga in May, Bunker Hill in June. South Carolina had 
been warned to resist all attempts to occupy Charleston, and 
Virginia encouraged to defy Lord Dunmore to the uttermost. 
A naval code was created (November 17). Every measure was 
now for offensive war, not defensive. The press took up the 
idea of independence. The thought of union, as a dependency 
of Britain, was gone. **A Grand Republic of the American 
United Colonies, which will, by the blessing of heaven, soon 
work out our salvation and perpetuate the liberties, increase the 
wealth, the power and the glory of this western world;" this 
was the popular thought. Ten years had worked the idea of 
union into an actual " Continental Association." Would it take 
the idea of independence as long to work into actual independ- 



94 POLITICAL HISTORY. 

ence ? The Tories were numerous in the local assemblies, and 
active. They could retard action, if not prevent it. 

DECLARATION OF INDEPENDENCE.— ThQ Congress 
was proceeding in matters of peace and war as though " The 
United Colonies " were one political power. To the encourage- 
ment of powerful sentiment had been added the confidence of 
victory in armed conflict. New Hampshire, South Carolina and 
Virginia were recommended by Congress to form local govern- 
ments. This was a step which looked directly to independence. 
On New Year Day, 1776, Washington unfurled the " Flag of Thir- 
teen Stripes," as the flag of the United Colonies, and arrayed it 
as the symbol of national power against the far-famed banner of 
St. George. From this time till June the Congress was busy 
with questions of war and finance. Its acts were those of a de- 
termined and active revolutionary government. But it was all 
the while being petitioned to cut the chain which bound the col- 
onies to England, and which was hampering their individual and 
concerted action. It therefore recommended to all the colonies 
to form local governments, independent of charters, royal gov- 
ernors, and every English restriction. On June 7, 1776, Rich- 
ard Henry Lee moved for Independence, a Foreign Alliance, and 
a Confederation. John Adams seconded the motion. A com- 
mittee was formed on Independence, composed of Thomas Jef- 
ferson, John Adams, Benjamin Franklin, Roger Sherman, and 
Robert R. Livingston, and they were given till July to report. 
A committee of one from each colony was also formed on Articles 
of Confederation. By the last of June it could be said that op- 
position to Independence, in every colony except New York, 
had ceased ; at least twelve colonies had instructed their delegates 
in Congress to vote for a declaration. And these delegates were 
present in the Congress on July i, when it took up the resolution 
on Independence, or rather the report of the Committee on Inde- 
pendence. Four days of debate and amendment brought forth 
the Declaration of Independence as agreed upon by the delegates 
from twelve States (July 4, 1776) — New York delegates not vot- 
ing under her instructions. It was ordered to be authenticated 
by the signatures of John Hancock, President, and Charles 




95 



96 POLITICAL HISTORY OF 

Thomson, Secretary, sent out to the State assembHes, and read 
at the head of the army. On July 9, the convention of New 
York resolved to support it. By August 2, it was engrossed 
and ready for the signatures of the members.* The high honor 
of having been its author is due- to Jefferson, for the changes 
made in his draft, though numerous, did not alter its tone nor 
general character. The equally high honor of having been its 
strongest champion in the Congress belongs to John Adams. 
Said Jefferson to Daniel Webster, " John Adams was our Colos- 
sus on the floor. He was not graceful, nor elegant, nor remark- 
ably fluent, but he came out occasionally with a power of thought 
and expression that moved us from our seats." f And now that 
" the greatest question has been decided which ever was debated 
in America, and a greater perhaps never was or will be decided 
among men," The United Colonies were decreed a political 
unit of the United States of America. The Declaration was 
proclaimed everywhere among the people as the inestimable 
title-deed of their liberties, and they received it with speech, 
salute, bon-fire and general rejoicing. It seemed as if a decree 
promulgated from heaven. See Declaration, page 151. 

WHAT IT DID. — Before the Declaration was submitted to a 
vote, a test resolution was laid before the Congress (July 2, 1776) 
as follows : " That these United Colonies are and of right ought 
to be free and independent States ; that they are absolved from all 
allegiance to the British Crown, and that all political connection 
between them and the State of Great Britain is and ought to be 
totally dissolved." Twelve colonies united in adopting it. This 
assured the passage of the Declaration. It was its preamble, as 
it were. Observe that in it the word " Colonies " is dropped, 

* There is much uncertainty about the signing of the Declaration. The engrossed 
copy, signed on August 2, still exists in the office of the Secretary of State. Jeffer- 
son has given the impression that it was generally signed on July 4, but this copy of 
it is not known to exist. John Adams wrote on the 9th of July, " As soon as an 
American seal is prepared I conjecture the Declaration will be superscribed by all 
the members." Now, a committee composed of Franklin, John Adams and Jeffer- 
son, was appointed by Congress to prepare a device for the Seal of " The United 
States of America," after the Declaration had passed, probably on the 5th of July. 

f Curtis' Life of Webster, vol. i., 589. 



THE UNITED STATES. 97 

never to be taken up again, and the word " States " * substituted. 
So the Declaration was " The Declaration by the Representatives 
of the United States of America in Congress Assembled," and 
the conclusion is : " Therefore we the Representatives of the 
United States of America in Congress Assembled," etc. The steps 
toward national birth were the ripening of public sentiment into 
a conviction that a common country was necessary, a delegation 
of power by the colonies for that purpose, a preliminary resolu- 
tion declaring the colonies independent States, a declaration to 
that effect, a ratification of that declaration by the States. Thus 
the United Colonies by their joint act passed into " The United 
States." The Declaration has been called the fundamental act 
of Union.f It was the embodiment of the public will as a source 
of authority, when it was the will of the people composing one 
nation. J It established Union as a fundamental law. The old 
law was the law of diversity. It transformed the sentiment of 
nationality into a fact — the new birth was that of a nation, a 
country. As colonies, each had a State of its own, and could 
have had, in one way or another. But only by creating a law 
high over all, only by ordaining and establishing something out 
of that supremacy which resided in all the people, could a union, 
a nation, a country, come. The Declaration announced to all 
nations that a new political sovereignty had arisen, whose work- 
ings internally were all right, whose external workings sought 
recognition. The colonist was true to his colony, yet he 
never hesitated in his allegiance to the king. He ever claimed 
and was ever proud of the rights of a British subject. Now 
he was equally true to his Colony (the State), but the 

■* The title of "The United States of America" was formally assumed in the 
Articles of the Confederation, when they came to be adopted. But it was in use 
without formal enactment from the date and adoption of the Declaration of Inde- 
pendence. On the 9th of September, 1776, it was ordered that all continental com- 
missions and all other instruments, where the words " United Colonies " had been 
used, the style should be altered to the " United States." — Journals, ii., 349. 

f Writings of Madison, iii., 482. 

% " In our complex system of polity the public will, as a source of authority, 
may be the will of the people as composing one nation," — Madison's Writings, iii., 
479- 

7 



9g POLITICAL HISTORY. 

allegiance which was to the king or to Great Britain was trans- 
ferred to the new political unit, the United States. For hundreds 
of years the contention had been for the doctrine of the equality 
of the human race. The Declaration clothed this abstract truth 
with vitalizing power. " We hold these truths to be self-evident, 
that all men are created equal ; that they are endowed by their 
Creator with certain inalienable rights ; that among these are 
life, liberty and the pursuit of happiness ; that to secure these 
rights governments are instituted among men deriving their 
just powers from the consent of the governed; that whenever 
any form of government becomes destructive of these ends it is 
the right of the people to alter or abolish it and institute new 
government, laying its foundation on such principles and organ- 
izing its powers in such form as shall to them seem most likely 
to effect their safety and happiness." This is the American 
theory expressed as Buckle says : " In words the memory of which 
can never die." To maintain it the battles of the revolution were 
fought, and to build on it a worthy superstructure of government 
and law was the work of the fathers of the constitution. 

NATURE OF THE CONG RES S.^Th^ Continental Con- 
gress, for by this name it got to be known, continued to be the 
National Government in fact, and conducted National affairs till 
the adoption of the Articles of Confederation, March, 1781, near 
the close of the Revolutionary war. There was no change in its 
construction, except that the delegates to it were appointed by 
the State legislatures, as soon as the States had organized State 
governments, which they made haste to do, under the recom- 
mendations of the Congress of 1776.* The powers of the Con- 

* New Jersey adopted a State Constitution July 2, 1776, which went into full 
operation, and the government thus formed lasted for sixty-eight years. 

Delaware adopted a Constitution and form of government (Sept. 20, 1776) which 
lasted for sixteen years. 

Maryland agreed on a Declaration of Rights, Nov, 3, 1776, and on the 8th, upon 
a Constitution, which was not changed for seventy-five years. 

Pennsylvania framed a Constitution Sept. 28, 1776, which terminated its charter. 
But it was not generally received. Owing to division, the State officers were sup- 
ported in their authority by a Committee of Congress, till the amended Constitu- 
tion of 1790. 




INDEPENDENCE HALL. 



99 



100 POLITICAL HISTORY OF 

tinental Congress were nowhere defined or limited. They In- 
cluded power to declare war and make peace, to raise armies 
and equip navies, to form treaties and alliances with foreign 
nations, to contract debts, and do all other acts of a sovereign 
government which were essential to the safety of the United 
States. No Colony, or State, disputed the powers thus assumed 
and exercised. They originated from necessity and were only 
limited by events. Revolutionary though they were, the Con- 
gress in their exercise was supported by the people, and there 
was no other authority to question its acts. It was evident that 
when the dangers of war had passed, when the public liberties and 
independence of all the States had been assured, and when peace 
had dawned, these extraordinary powers of the Congress would 
have to give way to something more certain and better under- 
stood. And right here arose a momentous question. In relax- 
ing the control of Congress, there was danger that the Union 
which existed by reason of the Congress would be dissolved, and 
that the States would drift back into independent communities, 
without a central head, with no common system, with discordant 
local interests, with rivalries and jealousies as to boundaries, com- 
merce, manufactures, and institutions. Hard as had been the 
trial of the Revolution, here was something calculated to stir 
deeper apprehension, and tax more severely the genius of states- 
men. 

ARTICLES OF CONFEDERATION.— As these Articles, 
finally adopted by all the States, March, 1 78 1, were the begin- 
ning of a government more specific than that of the Congress 
which had carried on the Revolution thus far, yet not so specific 
as that formed by the Constitution of 1787, they can be best ex- 
plained in connection with the latter. As the Congress led to 

North Carolina adopted a Constitution, Oct. 18, 1776, which lasted for sixty-nine 
years. 

Georgia adopted a Constitution Feb. 5, 1777, lasting eight years. 

New York adopted a Constitution, April 20, 1777. 

Of the six States which adopted constitutions and forms of government before 
the Declaration of Independence, South Carolina amended hers in 1778, Virginia 
in 1829, Rhode Island and Connecticut 41d not displace their charters for many 
years, New Hampshire in 1784, MassachvsettJ^ in 1780 and 1821. 



THE UNITED STATES. ' 101 

the Articles of Confederation, so the Articles of Confederation 
led to the Constitution. '* States " got to be a definitive, well- 
understood term under the Articles. They were "Articles of 
Confederation and Perpetual Union between the States " (men- 
tioning them all). " The style of this Confederacy shall be The 
United States of America," Art. i. For this reason, also, we 
prefer to treat of the Articles in our next chapter, which con- 
cerns the finer pieces of our fabric — the States. But as the war 
came to an end under the government of the Articles of Con- 
federation, it must be understood that " The United States of 
America," which solemnized the peace of 1783, and accepted of 
the cessions of British territory, was the only power then existing 
which could do these National acts, and bind all the States by its 
authority. 

FURTHER BUILDING.— T\iQ war of the American Revo- 
lution resulted in the treaty of Sept. 3, 1783, signed at Paris. By 
it Great Britain relinquished all her " claims to the government, 
proprietary and territorial rights " of the United States (naming 
the thirteen), and acknowledged them " to be free, sovereign and 
independent States." It further ceded all the territory south of 
the Great Lake line, northward (in general) of 31° N. lat, and 
westward to the Mississippi, to the United States. Those pre- 
tentious charters and grants from the Crown, which ran through 
from, the Atlantic to the Pacific, had now for their western limit 
the " Father of Waters." The territory of the United States lay 
between the Atlantic and Mississippi. The right of Spain (for- 
merly France) to all beyond, was recognized. 

STATE OWNERSHIP.— But through this territory, before 
it was ceded, ran the titles of the Colonies or States. Their 
claims became a source of trouble long before the date of the 
treaty. Thus Connecticut, whose charter possessions extended 
indefinitely to the west, had colonized in the Wyoming Valley, 
Pa., and was exercising a disputed jurisdiction as early as 1769; 
so also in the Northwest, in what became the " Western Reserve 
of Connecticut." Virginia and New York had clashed, for a 
similar reason, both their boundaries being limitless to the west. 
So New York and Massachusetts had had trouble, and several 



102 POLITICAL HISTORY OF 

other States. This whole matter of State ownership and juris- 
diction westward came up in a conspicuous and dangerous form 
when the Articles of Confederation were before the States for 
ratification. Some of the States refused to ratify till the question 
of western lands was disposed of Lord North made much of 
this delay, and pretended to see in this land subject a perpetual 
source of disagreement and a final refusal to establish a Union 
under the Articles. It was not a new subject, for the conserva- 
tive Dickinson, of Pennsylvania, had introduced it into the Con- 
gress and insisted upon its being settled satisfactorily before that 
body passed the Declaration of Independence. As to their own 
boundaries, there was no controversy with Pennsylvania, Dela- 
ware, New Jersey, Maryland, New Hampshire, and Rhode Isl- 
and, but the remaining seven States were deeply concerned, for 
theirs were the charters running to the Mississippi or the Pacific. 
The former States took the ground that any unoccupied, unde- 
fined territory wrested from a common enemy by the blood and 
treasure of the thirteen United Colonies, ought to be considered 
as common property, subject to be parcelled out by Congress 
into free, convenient, and independent governments. On these 
grounds Maryland refused to ratify the Articles of Confederation 
until an Article was added, securing the Western domain for the 
common benefit. Virginia entered into furious defence of her 
magnificent territory, embracing Kentucky and parts of Ohio, 
Indiana and Illinois. There must be concession somewhere or 
no Articles of Confederation. The question must be put out of 
the way before a closer Union could be assured. To be sure, the 
land was not yet conquered from Great Britain, but should it be, 
it were well to have the matter settled. New York was the first 
to move. By resolution of Feb. 19, 1780, she agreed to relin- 
quish her right to unoccupied territory for the common benefit. 
Congress, mindful of the importance of Union, and " to their 
very existence as a free, sovereign, and independent people," 
advised (Sept. 6, 1780) similar surrenders by the other States, 
and on Oct. 10 resolved that out of the lands thus ceded should 
be formed States with the same rights of sovereignty, freedom, 
and independence as those possessed by the original States. 



THE UNITED STATES. 103 

Through the influence of Madison, Virginia agreed to surrender 
her western domain, and so of the others. Thus the leading 
obstacle to the ratification of the Articles of Confederation was 
removed. When the land became theirs by the terms of the 
treaty of 1783, would these States keep their pledges? 

ADyUSTMENT.—^Qw York was prompt to keep hers. 
Choosing the meridian of 79*^ 55' as the limit of westward occu- 
pancy, she formally ceded all her domain west of that to the 
United States for the common benefit, on March i, 1784. This 
was but a small patch of 316 square miles which afterwards 
went to Pennsylvania. Her cession was worthless without the 
consent oi Massachusetts, who claimed clear through. (See 
Massachusetts, below.) But New York still disputed with New 
Hampshire the prize of the territory which afterwards became 
Vermont. This prize, after much contention, and some blood- 
shed, she relinquished in 1790, and took her present limits and 
titles. 

Virginia followed New York March i, 1784. Her cession 
was of that part of the great Territory, afterwards known as the 
" Territory of the Northwest," * lying between 41° north latitude 
and the southern border of Kentucky. That part of her cession 
north of the Ohio, according to its terms, entered into and 
formed a part of the States of Ohio, Indiana and Illinois. The 
part south of the Ohio afterwards became Kentucky. 

Massachusetts curtailed her indefinite claims April 19, 1785, by 
relinquishing her right to the small bit of ground just west of 
the New York boundary, which was then, Jan. 3, 1792, given 
to Pennsylvania. She held her Maine possessions till 1820, 

* The " Territory of the Northwest" was organized under the ordinance of Con- 
tinental Congress of July 13, 1787, which ordinance is regarded as a model, both as 
to its text and display of the principles of civil, religious and political liberty. It is 
popularly ascribed to Jefferson, but was written by Nathan Dane, of Beverly, Mass. 
Article VI. of this ordinance reads: "There shall be neither slavery nor involun- 
tary servitude in said Territory otherwise than in punishment of crimt- s whereof the 
party shall have been duly convicted." This clause afterwards became n 'teworthy 
as showing wherein the Congress of the Confederation had exercised the ri<^ht to ex- 
clude slavery from the Territories. Its language M-as copied in the Missouri Com- 
promise affair, 1819 20; in the Wilmot Proviso, 1846, and in the XIJI. amendment 
to the constitution, 1865. 



1Q4 POLITICAL HISTORY OF 

when they were surrendered in order that Maine might become 
a State in the Union. In 1855 the district known as the ** Bos- 
ton Corner" was ceded to New York, and in 1861, by ex- 
changes with Rhode Island, both these States got their present 
limits. 

Connecticut under her ostentatious claims to western do- 
mains had sent out strong colonies into Pennsylvania and the 
northwest. Her claim to Pennsylvania soil was a matter for 
judicial determination. In order to quiet titles in the northwest, 
she, Sept. 14, 1786, relinquished her claim to everything west of 
a line drawn due north and south, 120 miles west of the Penn- 
sylvania line. This left her a "reserve" 120 miles wide. On 
May 30, 1800, she yielded all territory and jurisdiction west of 
her present limits, reserving whatever right of soil she may have 
had as a protection to those who held title from her. 

South Carolina ceded her claim to a strip of territory only 
twelve miles wide, lying south of 35° north latitude, and extend- 
ing along the southern borders of North Carolina and Tennessee, 
to the Mississippi, on Aug. 9, 1787. 

North Carolina adjusted her western border, Feb. 25, 1790, 
by ceding the territory which afterwards became Tennessee. 

Georgia made a most important cession of the territory west 
of her present western boundary, June 16, 1802. 

These cessions of their lands, and surrenders of their claims to 
lands, by the original States, fulfilled their pledges to thus dis- 
pose of them for the common benefit, made before the Articles 
of Confederation were adopted, and in order that they might be 
adopted. They quieted the title of the United States to all the 
territory, outside of the limits of the States, ceded by Great 
Britain in 1783. They put this part of the fruits of the war at 
the disposal of all the people. The United States could now 
begin to enjoy the full fruitions of that treaty. The States would 
cease their clamors and jealousies about old charter boundaries, 
and the general government could go on with its great work of 
State building and the acquisition of new territory. The old 
States had done nobly in making these surrenders. They proved 
by them the depth of their interest in the new experiment of 



THE UNITED STATES. 105 

self-constituted federal government, and the extent of their de- 
sire not to let selfish love of acres and limitless boundaries stand 
in the way of permanent national union, peace and progress. 
As States they could not contribute further to the geographic 
framework of the nation, nor to matters of title. The govern- 
ment as a whole must now buy or conquer its own rough stones 
and timbers. 

THE LOUISIANA PUR CHASE.-- And it went about the 
work right speedily. The English cession of 1783 left intact 
the Spanish claim to Florida and Louisiana, east of the Missis- 
sippi, and beyond that river the United States ow^ned nothing, 
the boundary being the middle of the stream. We have seen 
how France ceded her Louisiana to Spain in 1763, and what it 
meant. Foreign possession of the mouth of the Mississippi was 
not tolerable. Nor was similar possession of its western shores, 
and to its middle, any more tolerable. Both were an annoyance 
and a menace, as had been abundantly proved time and again, 
and as would continue to be proved, if not removed. In 1795 a 
treaty had been made with Spain which gave the United States 
commercial rights at New Orleans. In 1802 Spain gave notice 
that these rights had ceased. Alarm spread all along the line 
of the river. It was looked upon as a Spanish trick, instigated 
by France. But what was the consternation when it was discov- 
ered that two years before Spain had parted with Louisiana to 
France, though the distinctive act of cession had not yet taken 
place. The treaty of cession had been a secret one, carried out 
in the interest of Napoleon. Though we doubt not it was a 
shrewd move on the part of France to further cripple England 
by first getting back possession of this immense domain and 
then turning an honest penny by selling to the United States, 
thus helping the creation of a great commercial rival to England 
on this continent, in accordance with the French theory of 1763, 
yet Jefferson, then President, chose to look upon it as an attempt 
of France to rival England directly. He therefore sent Monroe 
to the aid of Livingston, minister to France, first to protest that 
if France took possession the United States would be forced into 
an alliance with England against her, and, second, to sound 



106 POLITICAL HISTORY OF 

France as to the probability of a purchase. Probably the latter 
was what France wanted. She was needy, was about to war 
with England, and was in no position to be hampered with such 
a possession. Driving the best bargain she could, going up in 
her price from ;^ 1 3,000,000 to ;^ 1 5 ,000,000, a sale was consum- 
mated by treaty of April 30, 1803, ratified by the Senate Oct. 20, 
1803, and by a resolution of the House to carry it into effect* 

Of the ;^i5,ooo,ooo, to be paid, ;^ 3, 7 5 0,000 were withheld to be 
disbursed, under the French Spoliation bill, to pay the losses 
Americans had suffered in their commerce at the hands of the 
French. By this magnificent purchase the United States got a 
gulf frontage east of the Mississippi extending from that river to 
Florida, though all this Spain disputed. Leaping the Missis- 
sippi the country shot clear to the Pacific, for the ceded territory 
embraced Louisiana, Arkansas, Missouri, Iowa, Nebraska, 
Oregon, Minnesota west of the Mississippi, part of Kansas, the 
Territories of Dakota, Montana, Idaho, Washington, the Indian 
country, and portions of Colorado and Wyoming,f an added 
empire of 900,000 { square miles, or one larger than the entire 
area of the country before. 

SPAIN CEDES FLORIDA.— Th^ next cession of foreign 
soil was by Spain, Feb. 22, 18 19. This was a transaction almost 
wholly in the interest of Spain, judged by the extent of territory 
which passed. She claimed that her Florida ran to the Missis- 
sippi, also that she had never recognized France's claim to that 
part of Louisiana west of the Sabine River (Texas). The United 

* Owing to the opposition of the Federalists to this purchase, which they regarded 
unwarranted by the constitiuion and as tending to increase the preponderance of the 
South in national legislation, Jeiferson called the Eighth Congress together earlier 
than usual for the express purpose of having it ratify the treaty of purchase and 
vindicate his procedure. He admitted that the constitution gave no power to pur- 
chase foreign territory and make it a part of the Union, but claimed that when once 
the deed was d(jne, it could be validated by the nation's ratification. 

\ For the French boundaries of their Louisiana, much wider than those here 
enumerated, see page 66. And this is important, for Texas was cleaily in the 
Louisiana of France, as the United States acknowledged when Spain came to cede 
Florida. 

X Not counting what was afterwards confirmed by the Oregon treaty of 1846, 
amounting to 300,000 square miles. 



THE UNITED STATES. IQ7 

States claimed that Louisiana ran eastward to the present 
boundary of Florida. To quiet everything, Spain ceded her 
Florida clear to the Mississippi, for the sum of ^5,000,000, and 
the additional consideration that the United States should 
abandon all claim to that part of French Louisiana which lay 
west of the Sabine. Thus a territory equal to six Floridas, 
which had already been bought and paid for by the United 
States, was surrendered to Spain, and was soon to become a part 
of the Republic of Mexico. In twenty-six (1845) years it 
drifted back to the United States again, as we shall see when 
the cession of Texas is reached. 

THE OREGON TREATY.— Aw^y up in the Northwest the 
boundary of Louisiana could not be made to fit to that claimed 
by Great Britain for her possessions. The United States claimed 
54° 40' N. lat. as the boundary, England claimed that it was 
the Columbia River. From 1827, the disputed territory had 
been held by both claimants. The Democratic party made it an 
issue in their platform of 1844 to claim to 54° 40' , with or without 
war with England. The watchword all along the line was '* 54° 
40' or fight." In the Congress of 1845-46, Calhoun, to the 
great embarrassment of President Polk and the Democratic 
party, proposed 49° as a compromise line. After much party 
backing and filling, and long negotiation, a treaty was agreed 
upon, June 15, 1846, which was ratified by the Senate, the 
Whigs coming to the rescue of the President, saving him from 
his party friends and the country from war. The treaty fixed 
49° N. lat. as the boundary, as originally proposed by Calhoun. 
This necessitated an immense cession of land — all between the 
southern limit claimed by Great Britain and the 49° — to the 
United States. It amounted to 308,052 square miles, and the 
cession was called "The Cession by the Oregon Treaty of 1846." 
Thus were cured the defects of the treaty of purchase of 1803, 
with France, and the Ashburton treaty of 1842, with Great 
Britain. 

ANNEXATION OF TEXAS^— Texas had been a State of 

* As Texas came directly into the Union as a Stale, see further about her history 
in connection with the S^a^e of Texas, next article. 




108 



I I 




109 



110 POLITICAL HISTORY OF 

the Republic of Mexico, but had seceded, had set up for herself 
an independent republic, and was, in 1845, ^^ war with Mexico, 
though an armistice was then pending, with a view to peace. It 
was deemed an opportune moment to secure her vast domain 
for the United States. Under the lead of Calhoun, a treaty of 
annexation, pure and simple, was proposed, but rejected. This 
was followed by another proposing her admission into the 
Union, which was coupled with one for negotiation and treaty. 
In this shape it passed, and Texas was admitted as a State Dec. 
29, 1845. Her debt, amounting to ^^7, 5 00,000, was assumed by 
the United States. Besides incorporating her wonderful territory 
of 318,000 square miles, with our own, she relinquished all her 
claims, by virtue of her having been a member of the Mexican 
Republic, to the lands west of the 27th meridian, and now in the 
territory embraced by Colorado and New Mexico. Her status 
being that of war with Mexico, it was assumed by the United 
States. Thus the country was plunged into the Mexican war, 
which made the Texas experiment a very costly one in the end. 
By that war, however, other vast and valuable areas were ac- 
quired. 

MEXICAN CESSION.— ThQ Mexican war (1846-48) which 
had been going on for two years was brought to a close by the 
treaty of Feb. 2, 1848. By its terms Mexico ceded all the 
territory now covered by the States of California and Nevada, 
also her claims to Texas, Utah, Arizona and New Mexico, and 
parts of Wyoming, Colorado and the Indian country, holding, 
however, to a part of New Mexico and Arizona south of the 
Gila River. The lower Rio Grande from its mouth to El Paso 
was taken for the boundary of Texas. The United States paid 
Mexico, for this land, ;^ 1 5 ,000,000, in five annual instalments, 
and in addition assumed the claims of American citizens against 
Mexico, to an amount not exceeding ^3,250,000. 

GADSDEN PURCHASE.— ThQ lands, above mentioned, as 
reserved by Mexico south of the Gila river, were purchased by 
the United States, Dec. 30, 1853, ^^r ;^ 10,000,000. The transac- 
tion became known as the " Gadsden Purchase." This purchase 
gave the United States a better southern boundary, and compact 



THE UNITED STATES. Hi 

areas between the two oceans. "Westward the course of em- 
pire " had taken its way, and the Pacific front took a range of 
1,343 miles, as against the Atlantic's 2,163 miles. 

ALASKA CESSION. — The last accession of national terri- 
tory was May 28, 1867, when Russia ceded all her territory in 
North America to the United States for the sum of ^7,200,000. 
This gave us Alaska, which is not coterminous territory, being 
cut off by intervening British possessions. The policy of this 
purchase was, at first, regarded as unwise. But time has changed 
sentiment respecting it. If the question were up as to the pro- 
priety of its sale at the price paid for it there would be a nega- 
tive response. It is, to say the least, a good pivotal and strategic 
point, barren as it may be of other importance. 

TERRITORIAL SUMMARY.— YLow look our national areas 
when thrown into figures ? Using estimates and round numbers 
the showing is as follows: 



Sq. miles. 

Estimated Area 1783 820,680 

Louisiana Purchase .... 1803 899,579 

Florida Purchase 1819 66,900 

Oregon Treaty Lands . . 1846 308,052 

Texas Annexation 1846 318,000 

Mexican Cession 1848 522,955 



Sq. miles. 
Gadsden Purchase.. .1853 30,000 

Alaska Purchase .... 1867 500,000 

Grand Total 3,466,166 
Est'd Lake & Water Surface 396,116 

Sq. miles 3,862,282 



Acres 2,47 1 ,860,480 

To all these acres the United States has undisputed title. 
They are the acquisition of one hundred years of national sover- 
eignty, and are exceeded by the figures of only three other em 
pires in the world — Great Britain with all her detached de- 
pendencies, the Chinese Empire and Russian Empire. And 
now, having seen whence our national titles sprang, having 
built our country territorially, and having studied the beginnings 
of our institutions amid colonial life, let us turn to that part of 
the fabric in which States comprise the artistic subdivisions and 
comprise the sublime whole. 

Note. — Roman Empire, in time of Augustus, estimated by Gibbon at 1,600,000 
square miles. 




DAWN OF THE STATES. 

THE CONFEDERATION AND FfS DEFECTS. 

GOVERNMENT UNDER THE CONSTITUTION. 

ADMITTING THE STATES. 

ROM COLONY TO STATE.— Having taken a view 
of the country in the rough, seen its titles and begin- 
nings as they arose like dry land out of a multitude of 
waters, caught something of that free, republican spirit 
which ripened in the colonies and urged perpetually 
toward independence and union, and witnessed our majestic 
territorial strides from Atlantic to Pacific, buying where the 
market was open, conquering where it was closed, let us turn to 
finer parts of the national fabric. 

The resolution of the Continental Congress, passed May lo, 
1776, suppressing royal authority in the colonies, made neces- 
sary the formation of local governments, capable of answering 
the ends of political society and of continuing without interrup- 
tion the protection of law over property, life and public order. 
These newly formed local governments, or these reformed col- 
onial governments, for fortunately the political situation in many 
of the colonies required but little departure from their previous 
local institutions, were the true beginnings of the States. They 
were spoken of as " States " in the Declaration of Independence, 
and they made a near approach to States as they now are, under 
the Articles of Confederation. But, though States of a Union, 
they were not our States of the Union. How were they trans- 
formed ? 

THE FIRST STEP. — As has been seen, the Continental 

Congress was the only government during the Revolution and 

up until the adoption of the Articles of Confederation in 1781. 

It was simply a revolutionary government, with power for any- 

8 (113) 



114 POLITICAL HISTORY OF 

thing or nothing, just as its acts were sanctioned or condemned 
by the popular voice. It was the result of a Union on account 
of public danger and not of a Union as the result of a charter 
or constitution. When the danger had passed, the function of 
the Congress would cease, and the Union would melt into its 
original components. There was more danger in this than in 
the presence of an armed foe. Statesmen were busy at work to 
prevent such a catastrophe. Before the Declaration Franklin 
had proposed a scheme of Confederation. The Continental Con- 
gress of 1775 (the Congress of the Declaration as it was called) 
had raised a committee in whose hands measures for a more 
permanent Union were placed. The newspapers teemed with 
plans for a permanent republican government. On the 12th of 
July, 1776, the committee of Congress reported Articles, drawn by 
John Dickinson, of Pennsylvania. They did not meet the 
approval of the Congress, but rather plunged it into debate over 
questions of commerce, public lands, taxation, and the relative 
positions of the larger and smaller States. For sixteen months 
the Articles were delayed. At last, November 15, 1777, an 
agreement was had, and a draft of Articles, as agreed upon by 
the Congress, was sent out to the States for ratification, together 
with a letter commending them as a plan ** for securing the free- 
dom, sovereignty and independence of the United States," as the 
best that could be adapted to the circumstances of all, as " essen- 
tial to their very existence as a free people, " and without which 
they might" soon be constrained to bid adieu to independence, 
liberty and safety. " 

Nine of the States promptly ordered their delegates in Con- 
gress to rati'y the Articles, which was done July, 1778. But 
they were not to be binding unless ratified by all the States. 
Political languor seemed to have taken the place of that blaze 
of freedom which had hitherto burned so brightly in the inchoate 
States. The burdens of war pressed heavily. Congress issued 
an appeal to the remaining States " to conclude the glorious 
compact." Henry Laurens, the President of Congress, wrote 
despairingly to Washington : ** Where is virtue, where is patriot- 
ism now, when almost every man has turned his attention to 



THE UNITED STATES. 115 

gain and pleasure, practising every artifice of Change-alley or 
Jonathan's ? " * 

The capture of Burgoyne, October i6, 1777, and word of a 
French alliance, February 6, 1778, served to stir enthusiasm 
again and revive the hope of Union under fully ratified Articles. 
A few other States gave their assent, but Maryland held out. 
She would not consent till the great question of public domain 
was disposed of, nor did she consent till the States to whom the 
valley of the Mississippi would have fallen by virtue of their 
charter limits patriotically agreed to surrender all lands which 
England might cede by any treaty of peace to the United States. 
All conquered, or to be conquered, lands thus made common 
property, Maryland ratified February 2, 1 781, and signed March 
I, 1 78 1. The revolutionary government by a Congress was at an 
end. The step taken made union firmer under the forms of the 
first American constitution. S^^ Articles of Confederation, p. 155. 

WHAT THE ARTICLES Z^/Z^.f— They renewed the 

* Jonathan's was a London coffee-house, the resort of speculators. Precisely why 
the English applied the term to Americans is not clear. But, as thus applied, it 
appears in a printed ballad on the expedition to Rhode Island, 1778, "Jonathan 
felt bold, sir." The British account of the burning of Fairfield, 1779, uses the 
word thus : " The troops faced about and drove Jonathan." In the form of " Brother 
Jonathan," the term hardly appeared till after peace had softened ihe asperities of war. 

fThe great seal of the American Union was adopted June 20, 1782. It was 
the American Eagle, holding in his right talon an olive branch, in his left a bundle 
of thirteen arrows, in his beak a scroll inscribed with "^ Plwibiis Unum'''' (one 
composed of many), and over his head an azure field with thirteen stars. On the 
reverse was an unfinished pyramid with an eye, having over it '■^Annuit Coeptis'''' (a 
beginning permitted, or approved), at the base MDCCLXXVI., and underneath 
" Novus Ordo Seclorum " (a new order of ages). 

Previously, June 14, 1777, Congress voted " That the flag of the United States be 
thirteen stripes, alternately red and white; that the Union be thirteen stars, white, 
in a blue field, representing a new constellation. This flag continued till Ver- 
mont (1791) and Kentucky (1792) were admitted, when it was changed (Act of 
January 13, 1794) to fifteen stripes and fifteen stars. It became apparent that the 
increase of stripes, as new States were admitted, would throw the flag out of pro- 
portion. Therefore the following was passed, April 4, 1818: " That from and after 
the 4th of July next the flag of the United States be thirteen horizontal stripes, 
alternate red and white ; that the Union be twenty stars (the then number of 
States), white, in a blue field; that, on the admission of every new State, one 
star be added to the union of the flag, such addition to be made on the 4th of July 
next succeeding such admission." 



llg POLITICAL HISTORY OF 

pledge of the States to Union, or rather made pubHc and official 
record of such pledge. They made inter-state citizenship free. 
They created a Congress and defined its powers, but endowed it 
with no executive function. They gave the States something to 
conform to. They created a tribunal to settle disputes between 
the States. But the best thing they did was to confer a great 
educational service through their weaknesses and defects. 

WHAT THEY DID NOT DO.— In saying that the Ar- 
ticles soon proved themselves full of glaring defects, it must not 
be forgotten that the States, while colonies, had been subject to 
a foreign rule whose restrictions had been severely felt and whose 
assumptions had been a source of constant jealousy and alarm. 
They had, naturally, nourished a spirit of resistance to all author- 
ity outside of themselves, and, having no experience of the con- 
venience or necessity of a general government to care for their 
common interests, they deemed the least possible delegation of 
their power quite sufficient for national purposes. Therefore the 
Articles created a confederation which had few powers for peace. 
It could make treaties, but could not execute them ; appoint am- 
bassadors, but not pay their expenses ; borrow money, but not 
pay a dollar; make coin, but not import an ounce of bullion; 
declare war and order the number of troops, but not raise a single 
soldier; in short, declare anything and do nothing. It was 
truly a feeble thread on which to string thirteen States and hold 
them in bonds of union. Its unfitness as a frame of government 
for a free, enterprising and industrious people, so manifest at the 
start, grew more and more so, till it finally lost all vigor and re- 
spect and tottered to its fall. Should it be left to silent dissolu- 
tion, or should an attempt be made to form something more 
commanding and vigorous before the great interests of the Union 
were crushed and buried beneath its ruins? 

DAWN OF A CONSTITUTION— Hamilton saw the de- 
fects of the Art*^'^^ 'f Confederation and (1780) proposed a con- 
vention to refor lem even before they were ratified by the 
States. Similar |. ositions were made by Pelatiah Webster in 
1781, the New \. Legislature in 1782, Hamilton in Con- 
gress 1783, Richarc Tenry Lee in 1784, Governor Bowdoin in 



THE UNITED STATES. 117 

1785. But it required more than cold propositions and dignified 
discussion to overcome the indifference of the States. It re- 
quired the flat refusal of New Jersey to comply with an act of 
Congress. It required the open offense of Massachusetts in 
raising troops to crush Shay's rebellion. It required the quarrel 
between Virginia and Maryland as to the right to navigate the 
waters of the Chesapeake and Potomac. This last brought a 
convention to Annapolis, September 11, 1786. Only five States 
were represented. They did nothing respecting the point in dis- 
pute ; they could do nothing. But Hamilton was there, and 
Madison, and Dickinson, and they saw but one way out of such 
difficulties — that was by creating a stronger central government 
and endowing it with ample powers on all such delicate subjects. 
Their report suggested a call of delegates from all the States to 
meet in Philadelphia, May (second Monday), 1787. 

A CONSTITUTION. — Congress adopted this report, Febru- 
ary 21, 1787, and ordered a Convention. All the States sent 
delegates except Rhode Island. On May 14, they met in Inde- 
pendence Hall, but a majority of the States not being represented 
they adjourned from day to day till the 25th. Then organiz- 
ing by the election of George Washington as President, they 
proceeded to business. It was a memorable body. The veterans 
of the revolution were there, and the wise statesmen of the times 
which gave birth to the Bill of Rights, the Declaration of Inde- 
pendence, and the Articles of the Confederation. They were 
there to remedy the defects of the past and propose a new de- 
parture for the future. Franklin was there, at eighty-one. John- 
son of Connecticut, Rutledge of South Carolina, and Dickinson, 
had been members of the Stamp Act Congress. . Seven of them 
had been in the Congress of 1774. Eight of them had signed the 
Declaration of Independence. Their deliberations ran through 
four months, and they were carried on amid great diversity of 
opinion.* The antagonisms of American 'b^Jlety, errors of 

*The sessions were held with closed doors, and the utmost secrecy w^ts enjoined, 
no member being even allowed to copy from the Convention's Journal, which was 
entrusted to Washington, and by him deposited in the State Department. It was 
printed by direction of Congress in 181 3. 



;|^lg POLITICAL HISTORY OF 

opinion and deep-rooted prejudices, local interests, State jealousies 
and ambitions, and especially the matter of slavery, these all 
trooped into the convention to make it a scene of furious storms, 
and to threaten its disruption time and again. Even the calm 
and hopeful Washington said he almost despaired of seeing a 
favorable issue to the proceedings, and more than once repented 
of having had any agency in the business. But an era of com- 
promise was reached, and the work was completed on September 
17, 1787. All the members present signed The Constitution of 
the United States of America, except Edmund Randolph and 
George Mason of Virginia, and Elbridge Gerry of Massachusetts. 
It was then sent to the States to be ratified by Conventions, 
specially called for the purpose, and was to become operative 
when so ratified by nine of the States. All the States called 
Conventions and ratified, except Rhode Island and North 
Carolina.* See Constitution, page 161. 

NEW GOVERNMENT.— On July 2, 1788, the President of 
Congress laid before that body the ratification of the requisite 
nine States. By September 13, "a plan for putting the Con- 
stitution in operation " was completed. The first Wednesday in 
January was fixed for the appointment of electors ; the first 
Wednesday in February for their m*eeting to vote for a President ; 
and the first Wednesday in March as the time, and New York 
as the place, for commencing proceedings under the new Con- 
stitution. The necessary elections of Senators and Representa- 
tives having been held, the first Congress assembled at New 
York, Wednesday, March 4, 1789, to adjourn for want of a 
quorum till April 6, when the votes of the electors being counted 
it was found that George Washington had been unanimously 
elected President and John Adams Vice-President. On April 

* North Carolina afterwards in a new convention held November, 1789, adopted 
the Constitution, and Rhode Island by a convention held May, 1790. The debates 
in the respective State Conventions over the question of ratifying took the widest 
range and showed great diversity of sentiment. In only three States was the Con- 
stitution adopted unanimously, New Jersey, Delaware and Georgia. In Connecticut, 
Pennsylvania, Maryland and South Carolina it had large majorities. In Massa- 
chusetts, New York and Virginia it had a bare majority, and in the remaining States 
a small majority. 



THE UNITED STATES. : 119 

30, Washington was sworn into office, and our" present form of 
government was a fact.* 

SENTIMENT. — In his inaugural Washington said, "In the 
important revolution just accomplished in the system of their 
united government, the tranquil deliberations and voluntary con- 
sent of so many distinct communities, from which the event has 
resulted, cannot be compared with the means by which most 
governments have been established, without some return of pious 
gratitude, along with an humble anticipation of the future bless- 
ings which the past seems to presage." 

" The strongest government on earth " and " the only one 
where every man, at the call of the law, would fly to the stand- 
ard of the law, and would meet invasions of the public order as 
his own personal concern." — Jefferson's Luitigicral. 

" America has emerged from her struggle into tranquillity and 
freedom, into affluence and credit ; and the authors of her Con- 
stitution have constructed a great permanent experimental an- 
swer to the sophisms and declarations of the detractors of 
liberty." — Sir James Mackintosh. 

" To those great men who framed the Constitution and secured 
the adoption of it, we owe a debt of gratitude which can scarcely 
be repaid. It was not then, as it is now, looked upon, from 
the blessings which, under the guidance of Divine Providence, it 
has bestowed, with general favor and affection. On the contrary, 
many of those pure and disinterested patriots, who stood forth 
the firm advocates of its principles, did so at the expense of 
existing popularity. They felt that they had a higher duty to 
perform than to flatter the prejudices of the people, or subserve 
selfish, sectional or local interests. ,Many of them went to their 
graves without the soothing consolation that their services and 
sacrifices were appreciated. Scorning every attempt to rise to 
power and influence by the common arts of the demagogue, 
they were content to trust their characters and conduct to the 
deliberate judgment of posterity." — Story on the Constitution. 

* Chancellor Livingston adnainistered the oath of office. The President deliverea 
his inaugural address in the presence of both Houses of Congress, a custom whic^ 
was adhered to till Jefferson changed it. 



120 POLITICAL HISTORY OF 

" It animated freemen all over the world to resist oppression. 
It gave an example of a great people not only emancipating 
themselves, but governing themselves without even a monarch 
to control or an aristocracy to restrain them ; and it demonstrated 
for the first time in the history of the world, contrary to all the 
predictions of statesmen and the theories of speculative inquirers, 
that a great nation, when duly prepared for the task, is capable 
of self-government ; or in other words, that a purely republican 
form of government can be formed and maintained in a country 
of vast extent, peopled by millions of inhabitants." — Brougham's 
Political Philosophy . 

" The republican government was a success because in its 
operation it met the needs of the two fundamental conditions of 
American political life, diversity and union, as correlative forces 
— on the one hand, the development of the Commonwealth or 
State ; on the other, of the union or nation." — Frothiiigharn s 
Rise of the Republic. 

*' It actually secured, for what is really a long period of time, 
a greater amount of combined peace and freedom than was ever 
before enjoyed by so large a portion of the earth's surface. 
There have been, and still are, vaster despotic empires ; but never 
•before has so large an inhabited territory remained for more than 
seventy years in the enjoyment of internal freedom and of ex- 
emption from the scourge of internal war." — Freeman's Hist, of 
Federal Gov. 

Even as Freeman wrote (i86i), the Republic was passing 
through its severest ordeal — that of civil war ; and the verdict 
rendered in this supreme court of armed force was in favor of the 
Constitution. All the above are wonderfully pleasing and in- 
spiring pictures of potency and adaptation, yet they were not 
undreamt of among the early patriot seers. 

"The celestial light of the gospel was directed here by the 
finger of God ; it will doubtless finally drive the long, long night 
of heathenish darkness from America. So arts and sciences will 
change the face of nature in their tour from hence over the Appa- 
lachian chain to the Western ocean ; and as they march through 
the vast desert, the residence of wild beasts will be broken up 



THE UNITED STATES. 121 

and their obscure howl cease forever. Instead of which, the 
stones and trees will dance together at the music of Orpheus, 
the rocks will disclose their hidden gems, and the inestimable 
treasures of gold and silver be broken up. Huge mountains of 
iron-ore are already discovered, and vast stores are reserved for 
future generations. This metal, more useful than gold and 
silver, will employ millions of hands, not only to form the mar- 
tial sword and peaceful share, alternately, but an infinity of 
utensils improved in the exercise of art and handicraft amongst 
men. Nature through all her works has stamped authority on 
this law, namely, that all fit. matter shall be improved to its best 
purposes. Shall not, then, those vast quarries that teem with 
mechanic stone, those for structure be piled into great cities, and 
those for sculpture to perpetuate the honor of renowned heroes, 
even those who shall now save their country ? O ye unborn 
inhabitants of America ! should this page escape the destined 
conflagration at the year's end, and these alphabetical letters 
remain legible, when your eyes behold the sun after he has 
rolled the season round for two or three centuries more, you will 
know that in Anno Domini 1758, we dreamed of your times." * 
THE OLD THIRTEEN STATES.— ThesQ States had first 
colonial existence, then independent revolutionary existence 
under the Congress, then united existence under the pledge of 
the Confederation, and now they come to have cemented exist- 
ence under the Constitution and constitutional form of govern- 
ment. Their membership in the Republic dates from their rati- 
fication of the Constitution by conventions chosen for the pur- 
pose. These dates are: Delaware, Dec. 7, 1787; Pennsylvania, 
Dec. 12, 1787; New Jersey, Dec. 18, 1787; Georgia, Jan. 2, 1788; 
Connecticut, Jan. 9, 1788; Massachusetts, Feb. 6, 1788; Mary- 
land, April 28, 1788; South Carolina, May 23, 1788; New 
Hampshire, June 21, 1788; Virginia, June 25, 1788; New York, 
July 26, 1788; North Carolina, Nov. 21, 1789; Rhode Island, 
May 29, 1790. 

* Written by Nathaniel Ames, father of Fisher Ames, in Ames' Almanac for 1758, 
and one of the most remarkable prophecies relating to America. 



122 POLITICAL HISTORY OF 

THE EARLIEST TERRITORIES.— WhWt yet the country 
was limping along under the Confederation, it entered upon the 
work of disposing of its lands acquired by the treaty of 1783. 
Its first action was by the celebrated ordinance of July 13, 1787, 
already alluded to, which created " The Territory Northwest of 
the Ohio river " out of the Virginia cession up to 41°, and out 
of all north of that parallel, ceded by Great Britain, Out of this 
territory, according to the provisions of the ordinance, not less 
than three States were to be formed fronting on the Ohio river. 
Out of all that was left, lying north of an east and west line 
drawn through the southern extremity of Lake Michigan, one 
or two other States were to be formed. The provisions of this 
ordinance were afterwards carried out in the formation of Ohio, 
Indiana, and Illinois, and so, of the remaining portion of the ter- 
ritory, were formed Michigan, Wisconsin, and that part of Min- 
nesota east of the Mississippi. 

The next disposition of public domain was made by the 
present government on May 26, 1790. It then erected the "Ter- 
ritory south of the Ohio river," out of cessions by Virginia and 
North Carolina, and gave it a government similar to that or- 
dained for the Territory northwest of the Ohio. Out of this 
Territory, in due time, sprang the States of Kentucky and Ten- 
nessee, though to the latter was added the strip of twelve miles 
wide, ceded by South Carolina, 

DISTRICT OF (f(9Zra/^/^.— All this was simply pushing 
the jurisdiction of the government in a Territorial way. The 
real work of State carving and building, outside of original 
limits, was, however, soon to begin in earnest. But we must 
first notice that important grant which had the effect of fixing 
the location of the National Capital. Article i, Sec. 8, of the 
Constitution empowered Congress " to exercise exclusive legis- 
lation, in all cases whatsoever, over such district (not exceeding 
ten miles square) as may by cession of particular States, and 
the acceptance of Congress, become the seat of government of 
the United States." By act of her legislature, Dec. 23, 1788, 
Maryland made a cession of territory ten miles square for the 
above purpose. Nearly a year afterwards, Dec. 3, 1789, Vir- 



THE UNITED STATES. 123 

ginia ceded a like, or less, quantity of land for a similar purpose. 
Thus the government was in possession of more than it needed 
for a capital. However, it accepted both grants, July i6, 1790, 
and ordained that the same should become the permanent seat 
of government of the United States. In the same act the Presi- 
dent was authorized to fix the boundaries of the cessions so as 
to bring their limits within the constitutional provision of ten 
miles square. This he did by proclamation, March 30, 1791. 
The territory retained embraced sixty-four square miles of that 
part ceded by Maryland and thirty-six of that ceded by Virginia. 
Over this the government assumed control by Act of Feb. 27, 
1 80 1. But it was cut in twain by the Potomac. Therefore, by 
act of July 9, 1 846, the Virginia portion was retroceded to that 
State, leaving the District of Columbia and the permanent seat 
of government to occupy only the Maryland cession of about 
sixty-four square miles. , 

VERMONT FIRST.— ThQ introduction of new States makes 
a curious and instructive history. Some ripened as Territories 
and drifted naturally into their places as States of the Union. 
Others were forced into position ere they were ready, in obedi- 
ence to a balancing principle which, at an early day, was resorted 
to for the gratification of sectional feelings and interests. Still 
others were admitted for protective border or commercial rea- 
sons. But, let it be hoped, that all were admitted for their own 
advantage and that of the national government, and that now 
no one would wish to lose its place in the. federal arch. 

The first to link her fortunes with the " old thirteen " was 
Vermont. She, above all others, had had an unfortunate terri- 
torial existence, and her admission was a happy escape from 
troubles which otherwise seemed unending. Claimed by Massa- 
chusetts under the wonderful Plymouth charter, by New Hamp- 
shire whose western limit was practically unascertained, by New 
York because *'the New Netherlands," afterwards the possession 
of the Duke of York, ran indefinitely northeastward, and by 
France because it lay along a water way into the St. Lawrence, 
and peopled more or less by all these claimants, New Hamp- 
shire had been from the earliest times a common raiding-ground 



124 POLITICAL HISTORY OF 

and seat of contention. The fight between New York and New 
Hampshire waxed so bitter that a decision was invoked from the 
crown. New York won, and her hne was adjudged to extend 
to the Connecticut river. The folly of New York in deciding 
the New Hampshire grants of lands in Vermont illegal stirred 
up the landholders to armed resistance. There is no telling 
how far the war would have been carried, for the Vermonters 
were very determined, had not the revolution turned attention 
in another direction. Even during the war with Great Britain 
the Vermonters, January, 1777, established for their territory an 
independent jurisdiction under the name of " New Connecticut or 
Vermont." Thus equipped they petitioned the Continental Con- 
gress for admission into the Union, a request which was entitled 
to respect, for Vermont was playing a brave and important role, 
and was really as much of an independent colony as any other. 
But she was headed off by New York and New Hampshire, 
neither of whom were yet ready to relinquish their hold upon 
her. To make matters worse Massachusetts revived herssleep- 
ing claim to the soil. The plight was pitiable. No redress was 
to be had of the indecisive government of the Confederation, for 
it was really no government at all. The farmers again flew to 
arms under the lead of the intrepid Ethan Allen, and were now 
more than ever determined to resist the attempt of New York 
to push her authority into their midst. The British, knowing 
the tardiness and negligence of the Congress of the Confederation, 
and hoping that the Vermonters would soon be driven to seek 
the protection of a stronger government, actually opened negotia- 
tions to have them cast their lot in with theirs. But these 
spirited Green Mountain men were not disloyal enough for that. 
They clung closely together, kept up a government of their own, 
fought bravely through the war of the revolution, and at the 
peace of 1783 constituted a State, so far as machinery went, as 
perfect as any of the original thirteen. 

After the adoption of the constitution of 1787, and the forma- 
tion of the new government under it, she again petitioned for 
admission. New York opposed her as before. But this time the 
power of the central government was stronger. It could hear 



THE UNITED STATES. 125 

and decide, and was willing to do so. A commission was created 
to investigate and decide the conflict. New York was paid 
^^30,000 with which to quiet the titles of her citizens holding 
lands in Vermont. Thereupon she withdrew all claims to juris- 
diction, and by act of Feb. 18, 1791, to take effect March 4, 
1 79 1, Vermont was admitted into the Union; with all the rights 
and privileges of a State. As intimated her independent State 
existence became necessary as a cure for the evils which had 
come upon her through conflicting claims of ownership and 
their foolish assertion, and not for any very pressing geographic 
or commercial reason. The United States now embraced four- 
teen States. 

KENTUCKY'S ADMISSION.— Kentucky very properly 
came into the Union at an early date. She had been a dissatis- 
fied and dangerous territory for a long time. Her region had 
been a hunting-ground and battle-field remote from her mother 
Virginia, whose protection was quite too feeble to be of any 
account. The wild, brave spirits who had found a home in the 
midst of " the dark and bloody grounds " had more than once 
declared that inasmuch as Virginia could give them no pro- 
tection, they ought to set up a government of their own. But 
they never completely severed their relations with the mother 
colony or State, for the reason that they regarded the govern- 
ment of the Confederation as of no more consequence to them, 
in the matter of protection, than Virginia. So they drifted amid 
years and years of conventions, debates and resolutions, on the 
propriety of doing something toward protective organization. 
At one time it looked as if the entire territory might be lost to 
the Union, and a war to recover it be the consequence. Spain, 
understanding the situation, secretly proposed rare commercial 
favors if the territory would declare independence and start out 
on a career of its own. Knowledge of this proposition stirred pub- 
lic sentiment to the very bottom. Two conventions * were held in 
qrnck succession, at Danville, looking toward a territorial govern- 
ment, and as a greater measure of safety toward admission into the 
Union. In these the debates ran high, and disputes were often 

* They were the sixth and seventh which had been held. 



126 POLITICAL HISTORY OF 

long and angry. At length out of the turmoil came a proposi- 
tion to recommend separate territorial existence. Congress 
acted promptly and erected ** The Territory South of the Ohio 
River," including Kentucky and Tennessee, May 26, 1790. This 
action was followed Feb. 4, 1 791, to take effect June i, 1792, by 
another act admitting Kentucky into the Union as a State. Thus 
was used the old territory of Virginia south of the Ohio. 

TENNESSEE ADMITTED.— Tennessee was that part of 
the national domain ceded by North Carolina, to which was 
added, on the south, the strip of twelve miles wide ceded by 
South Carolina. It was also all that was left of " the Territory 
South of the Ohio," after Kentucky was admitted. It too was a 
dangerous Territory, bordering as it did on partly foreign waters 
(the Mississippi), and subject to the same inducements to drift 
away from the Atlantic influence, as was Kentucky. Like Ken- 
tucky, also, the Tennessee region had early become the scene of 
white settlement and bloody Indian encounter. It too was " a 
dark and bloody ground " for many years, extending from, say 
1754 to the close of the American revolution. Indeed, during 
the revolution Great Britain attempted to work in the rear of 
the American situation by arming the Cherokees and pushing 
them through the settlements of the Cumberland and on to the 
colonists of Virginia and the Carolinas. Only by the most 
heroic efforts of the Carolina and Virginia militia was the terri- 
tory held against Indian foe and English promise to the inhabi- 
tants of special favors if they too would take up arms against the 
Atlantic colonists. 

As long as the territory belonged to North Carolina it was 
known as the " District of Washington." After the peace of 
1783, and the founding of Nashville, the people felt that the 
Mother Colony was no longer protective, yet like those of Ken- 
tucky, they had no faith in the government of the Confederation, 
and deemed it a feeble power to tie to. They were, therefore, at 
sea as to a proper allegiance, till after the adoption of the Con- 
stitution of 1787. Then, with a stronger central government in 
view, one which could afford the much needed protection, and 
which was worthy of confidence and support, their political 



THE UNITED STATES. 127 

future became plain. North Carolina relinquished all control in 
1790, and in the same year Tennessee became a part of "The 
Territory South of the Ohio." Two years after the admission 
of Kentucky, the people formed a State Constitution and pre- 
sented it to Congress. It was approved June i, 1796, and Ten- 
nessee became a State of the American Union, her territory 
having been that of North Carolina and part of South Carolina. 
The admission of Kentucky and Tennessee was a commercial 
necessity. They gave to the Union a Mississippi frontage, 
headed off further Spanish scheming in the upper valley, and 
presented the hand of our dynasty in such a way as to be taken 
hold of in friendly commercial clasp across the " Father of 
Waters," or with iron grip for supremacy from Lake Itaska to 
the Delta. The stars on the American flag numbered sixteen. 

OHIO GETS READY. — Turning the century the govern- 
ment was busy with its " Territory Northwest of the Ohio." By 
act of May 7, 1800, to take effect July i, 1800, it was divided 
into two parts. This was getting ready for the State of Ohio, 
for one part was very like the present Ohio. The other part was 
incorporated into the " Territory of Indiana." And a word about 
this " Territory of Indiana." It of course comprised all that 
was left of " The Territory Northwest of the Ohio," after Ohio 
was taken away. But it had a greater fame before it. After 
France made her cession of Louisiana it was, by act of October 
I, 1804, erected into **The District of Louisiana," and placed 
under the jurisdiction of the officers appointed to govern the 
Territory of Indiana. Thus, for purposes of government, the 
Territory of Indiana was a vast empire, the largest by far ever 
organized by the government within its territory. Territorial 
Indiana reached to the Pacific and the gulf 

The part cut off, and which was to become Ohio, embraced all 
of present Ohio up to a line drawn east and west through the 
southern point of Lake Michigan, and this was Ohio as ad- 
mitted into the Union by act of April 30,- 1802, to take effect 
November 29, 1802. But the Ohio of to-day contains some 
600 square miles more territory. Her northern boundary was 
adjusted by act of June 15, 1836, called the " Enabling act for 
the State of Michigan," and by act of June 23, 1836. 



128 POLITICAL HISTORY. 

France and England, both original claimants of Ohio, began 
to clash about, and on, the soil as early as 1750. It had been a 
stamping ground for French traders long before this. At that 
time Virginians and Englishmen, having obtained a grant of 
600,000 acres, came as settlers and traders. Frequent collisions 
with the French ended in war. To drive out the French was 
the object of Braddock's disastrous march on Fort Du Quesne. 
Not until the loss of Canada and the Mississippi valley by 
France in 1763, did Ohio become undisputed English soil. On 
account of these rival claims and bloody disputes, permanent 
settlement was tardy in a land so inviting and so contiguous to 
the old States. Even after the organization of " The Territory of 
the Northwest," Ohio was by no means a pleasant place to go to, 
for the Indians were very tenacious of their titles to the land, 
and were kept in a state of ferment and opposition by the 
British on the north. The entire region was in a state of war 
from 1790 to 1794, when the Miamies were humiliated by 
General Wayne. After this migration and settlement were 
phenomenally rapid. 

LOUISIANA COMES.— T\v^ mention of Louisiana intro- 
duces us to a strange people. The Latin race was in the ascend- 
ant there and not the Saxon. It was the key to the mouth of 
the Mississippi, and was desirable to any nation with commercial 
ambitions. When Spain held it she was very jealous of it, and 
her ownership was a bar to free commerce through either gulf 
or Mississippi channels. She saw that her occupancy was a 
standing threat on the United States, and that the commercial 
drift of all the country east of the river, whose drainage was 
into it, must be toward her. Hence, her schemes of an empire 
which should embrace both sides of the river. Hence, also, 
those other schemes, of which Aaron Burr's was one, for a great 
southwestern country whose strong point should be control of 
the " Father of Waters " — at this date let it be charitably sup- 
posed, in favor of the United States. 

After the purchase of Louisiana from France in 1803, no time 
was lost in getting it under control. That part of the immense 
territory now in the State of Louisiana (nearly all) was erected 




GENERAL ANTHONY WAYNE. 



129 



130 POLITICAL HISTORY OF 

into the "Territory of Orleans," by act of March 26, 1804. 
Claiborne, who was sent as governor, found our form of govern- 
ment unsuitable for a people who spoke little English and whose 
institutions rested on laws and customs foreign to our own. So 
by act of Congress (1805) they were given a government similar 
to that established for the Territory of Mississippi, which also 
contained a mixed Spanish and French population. Out of this 
act sprang a system of local laws, embracing many features of 
the Code Napoleon, to which the people were reconciled. All 
the rest of the Louisiana purchase went into the District of 
Louisiana, which, as we have seen, became a part of the Terri- 
tory of Indiana. 

Spain would not relinquish her right to the territory of 
Louisiana lying east of the Mississippi, claiming that her ces- 
sion to France did not cover it, and that she still owned it as a 
part of her Florida. Therefore, in 18 10, the United States 
seized the port of Baton Rouge, and adjudged the Spanish 
territory to be a part of Louisiana. An act of Congress passed 
Feb. 20, 1 8x1, enabled the Territory of Orleans to become a 
State. By act of April 8, 1812, to take effect April 30, the same 
was admitted as a State, under the name of Louisiana. Thus 
finally ended what had for a long time been a quiet struggle 
between Spain and the United States for permanent sovereignty 
of a section which, had the result been otherwise, must have 
for a long time retarded our western growth. The admission 
was a matter of clear and decisive policy, in a commercial 
sense, however much it may have been objected to by certain 
parties at the time. It created a sovereign State right where the 
greatest inducement existed to protect it, and right where one 
of firm attachment to the Union was most needed. It projected 
the national authority to the gulf lines and set up an everlasting 
barrier to interference with internal commerce along ten thou- 
sand miles of water way. 

INDIANA ADMITTED.— ThQ vast Territory of Indiana, 
created in 1 800 out of that northwest of the Ohio and extended 
indefinitely by adding, in 1804, the District of Louisiana, now 
gave a State to the Union and its name to that State. It was 



THE UNITED STATES. 131 

carved out of the southeastern part of that Territory by the en- 
abHng act of April 19, 18 16, and the resolution approving of its 
constitution and admitting it into the Union, as the State of In- 
diana, was passed Dec. 11, 18 16. The State was not without a 
remote territorial history. France had dotted it with trading 
and missionary posts, some of which, as Vincennes, became 
permanent settlements. After the loss of the French territoiy, 
in 1763, to England, Indiana, like Ohio, was not an inviting 
field for settlement. The Indians were tenacious of their lands. 
Their liking for the old French influence, and the ease with 
which the British stirred them up to resent pioneering, kept back 
our civilization. After the treaty of 1783, when the whole ter- 
ritory passed from Great Britain to the United States of the 
Confederation, the Indians became bitterly hostile. In 1788, one 
year after the framing of the constitution, an Indian war broke 
out, which involved the whole Northwest. It only ceased when 
their powerful and dangerous confederacy was broken by the 
victories of General Wayne. Even then the brave Shawnee 
leader Tecumseh would not submit but held on, a source of 
terror to every infant settlement, till his defeat by General Har- 
rison in the celebrated battle of Tippecanoe, Nov. 11, 181 1. 

MISSISSIPPI ADMITTED.— ThQ twentieth State to enter 
the Union was Mississippi. It was carved out of the Territory 
of Mississippi, by act of March i, 18 17, which was also the date 
of the enabling act. Her constitution and form of government 
having been submitted to Congress and approved, she was ad- 
mitted into the Union by joint resolution of Dec. 10, 18 17. 
Out of the balance of Mississippi Territory, the State of 
Alabama was created. 

ILLINOIS A STATE.— Wg must turn to the north for the 
next State of the Union. Not less than three States were to be 
formed out of the territory northwest of the Ohio. Two have ap- 
peared, Ohio and Indiana. The third takes shape as Illinois. 
It became the Territory of Illinois by act of March i, 1809, 
though it extended clear to the British possessions. By the 
enabling act of April 18, 1 81 8, the present limits of the State 
were fixed, and by joint resolution of Dec. 3, 18 18, the State was 



132 POLITICAL HISTORY OF 

admitted into the Union. Though the twenty-first State, Illinois 
had a history extending back into the seventeenth century. Her 
towns of Kaskaskia, Cahokia and others were French settle- 
ments and distributing centres as early as 1673. But the 
French occupancy was a lonely one, and Illinois presents the 
historic spectacle of a Christian civilization gradually falling 
back and merging with that of its Indian surroundings. Like 
Ohio and Indiana, Illinois became deeply involved in the French 
and , English wars for the possession of the Northwest, and like 
them it passed into British hands by the treaty of 1763, and into 
the possession of the United States by the treaty of 1783. 

ALABAMA ENTERS.— ^ow that we have had a Northern 
State there must be a Southern one. By this time it was 
regarded as the proper thing to create alternate free and slave 
States. Indeed, few States had hitherto been admitted without 
discussion of the question of slavery, and few were to be ad- 
mitted without similar discussion. The matter had been some- 
what bitterly mooted when the question of the Louisiana 
purchase was up, and likewise when Kentucky was a candi- 
date for admission. Well, the new State was to be Alabama, 
the remnant of Mississippi Territory. Two days after the State 
of Mississippi was cut out of this Territory, the Territory of 
Alabama was formed, March 3, 1 8 17. Two years afterwards an 
act enabling Alabama to become a State was passed, March 2, 
1 8 19. By joint resolution of Dec. 14, 1 8 19, she was admitted 
as a State in the Union, the twenty-second on the list. 

MAINE APPEARS.— Th^YQ was a race between the North 
and South for the next State, the twenty-third. Maine and 
Missouri were the competitors, with Maine in the lead. Lapse 
of time had fixed the claim of Massachusetts to the soil of 
Maine, and to the right to govern her. There were many of her 
people, however, who never acknowledged this claim, and 
various attempts were made, notably in 1785 and 1802, to effect 
a separation. At length, in 18 19, the Territorial legislature* 
ordered an election of delegates '* to express the true will of the 
people." The convention thus created, operating with the con- 
* Not a Territory of the United States, but a Territory of Massachusetts. 



THE UNITED STATES. I33 

sent of the Legislature of Massachusetts, adopted a constitution 
and separate form of government, which received the approba- 
tion of the people. Massachusetts made formal cession of all 
her claims to the Territory. By act of Congress, March 3, 1820, 
to take effect March 15, 1820, Maine was admitted into the 
Union as a State. 

MISSOURI ENTERS AMID STORM.— AX. least a year 
before Maine was admitted, a bill to enable the Territory of Mis- 
souri (a part of the Louisiana purchase) to become a State was 
introduced in Congress. In the House an amendment was 
offered, in the words of the ordinance (1787) for the government 
of the Territory Northwest of the Ohio, *' prohibiting slavery or 
involuntary servitude in Missouri, except as a punishment for 
crime." Though the Republicans (Democrats) were in an over- 
whelming majority in both branches, party lines were dropped 
in the House, and the amendment was carried, but was rejected 
in the Senate.'^ 

This brought the slavery question into a shape it had never 
assumed before. It came suddenly. Ex-President Jefferson 
said, " it startled him like a fire-bell in the night." It came, as a 
question, from the house of its supposed friends. Before this the 
Ohio River had been a convenient line upon which to determine 
these questions of slave and free State admissions. But there 
was no Ohio beyond the Mississippi. Hence a new line became 
necessaiy, or rather no line, for the best anti-slavery minds con- 
tended that slavery in the Territories was a question absolutely 
within the purview of Congress. It was not a question of 
parties. The Federal party was practically dead, and the Re- 
publican (Democratic) party held the entire political line north 
and south. It therefore became a question of sections, and bit- 
terly the battle was fought over Missouri. The next year (1820) 
the defeated Missouri bill came up again in the House, as 'did 

* This astounding measure and vote in the House, together with the popularity 
of Clay's plans for American Protection and Internal Improvement, showed that 
there was then the nucleus of a new party within the Republican ranks, which was 
soon (1825) to assume shape as the National Republican, afterwards the Whig 
party. 



134 POLITICAL HISTORY OF 

the bill to admit Maine. Both passed, and both prohibited 
slavery. The Senate passed the Maine bill, and united it with a 
bill for Missouri, permitting slavery.* This was done to throw 
the responsibility of rejection on the House, a responsibility 
which the House did not hesitate to assume, for it speedily de- 
feated the Senate bill. Henry Clay then came forward with the 
celebrated compromise measure, known as " The Missouri Com- 
promise of 1820," by which both sections agreed to pass the 
respective bills, one admitting Maine as a free State, the other 
admitting Missouri as a slave State, and forever prohibiting 
slavery in all territory north of the line of 36° 30'. 

This memorable controversy ended, the Missouri enabling act 
was passed March 6, 1820. By joint resolution of March 2, 
1 82 1, the admission of the State was further provided for, and 
by proclamation of August 10, the State was declared to be a 
member of the Union. It had a population in excess of the 
60,000 then required to enable a Territory to become a State, 
and its chief town, St. Louis, with a population of 5,000, was the 
commercial emporium of the upper Mississippi. Missouri was 
the first State formed wholly out of the territory west of the 
Mississippi. Though but a small part of that land of Louisiana 
which stretched away to the Pacific and up to the British line, it 
was felt that whatever policy, as to slavery, prevailed in her ad- 
mission would be likely to prevail in all the States carved out 
of the same lands. This was why the fight over her admission 
was so bitter, and why it was deemed proper, then and there, to 
fix the policy which should control the admission of future trans- 
Mississippi States, by the compromise line of 36° 30'. By act 
of June 7, 1836, the northwest boundary of the State was ex- 
tended to the Missouri River, the triangular piece thus added 
containing about 3,168 square miles. 

ARKANSAS ADMITTED.— There was a period of rest from 
the work of State building, which lasted for sixteen years, dur- 
ing which time the outlying territories were ripening. The 

* The Senate only partially divided into sections. Enough Northern Senators 
voted with those from the South, to defeat the action of the House. 



THE UNITED STATES. 135 

" Territory of Arkansaw " * had been carved out of the Territory 
of Missouri, by act of March 19, 18 19. It had Hmits coincident 
with those of the present State. By act of June 15, 1836, the 
same was admitted as the State of Arkansas. It had not a full 
quota of inhabitants when admitted, and but little previous 
history except what belonged to the period of French and 
Spanish occupancy. The French claimed Arkansas Post as 
among the oldest settlements of the country. 

MICHIGAN A CANDIDATE.— Kxv important State was 
now ready in the Northwest. The Territory of Michigan had 
been formed as early as June 30, 1805, from the Territory of In- 
diana. It then included but little more than the Michigan penin- 
sula, between Lakes Huron and Erie and Lake Michigan. On 
June 28, 1834, the Territory of Michigan was made to extend to 
the Missouri and White Earth Rivers. Out of this large area 
was carved the present State of Michigan, by the enabling act 
of June 15, 1836. Her constitution and form of government 
having met with the approval of Congress, she was admitted as 
a State by act of Jan. 26, 1837. The trail of the French trader 
and missionary is plainer in Michigan than in any other State of 
the Northwest. Detroit was a French town as early as 170 1. 
River, lake, bay, and town bear frequent witness to the French 
occupancy. It cannot be said that the American influence was 
felt in Michigan before 1796. During the war of 18 12, Detroit 
was held by the British, and became the starting-point of those 
Anglo-Indian campaigns which wrapped the Northwest in gloom 
and drenched it with blood. At the time of her admission, 
Michigan had far more than her quota of population, and nearly 
four times as many as Arkansas, admitted the year before. 

FLORIDA A MEMBER.— \t was now the turn of the 
" Flowery realm." Though thinly populated, and with but little 
more than half a quota, it was deemed politic to make Florida 
the twenty-seventh State. The " East Florida," which Spain 
ceded Feb. 22, 18 19, was erected into the Territory of Florida 
March 30, 1822. By act of March 3, 1845, it was admitted as a 

* The Territory was that of Arkansaw, which spelling has recently been decided 
by the State authorities to control the pronunciation of Arkansas. 



136 POLITICAL HISTORY. 

State. It had had a long and eventful history both as a Spanish 
and English possession. From its climate, situation, and prom- 
ises, it was always a coveted country, yet ever an expensive one 
to take and hold. 

lOlVA AI)M/TT£D.— The day that gave birth to Florida 
saw also a new State in the Northwest. Iowa Territory had been 
cut out of Wisconsin Territory, June 12, 1838. This Territory 
was not identical with the present State of Iowa, but embraced 
all north of Missouri and between the Missouri and Mississippi 
Rivers. Out of this was carved a State of Iowa, which was ad- 
mitted into the Union March 3, 1845. But the boundaries were 
not satisfactory. By act of Aug. 4, 1846, the northern boundary 
was lowered from the parallel running through the mouth of the 
Mankato or Blue Earth River to where it now is, and the western 
boundary was pushed from meridian of 17° 30' to where it now 
is. After this adjustment of boundaries the State was readmitted 
Dec. 28, 1846. As part of the French domain, Iowa had a 
history as early as 1686, when Dubuque was a fort and trading- 
post. 

TEXAS ANNEXATION.— The twenty-ninth State, Texas, 
was the most imposing piece of territory that had, as yet, applied 
for admission into the Union. It was not carved out of our own 
territory as other States had been, nor was it prepared for mem- 
bership by any process of ripening under a Territorial govern- 
ment. A member of the Mexican Republic, it had seceded and 
set up for itself Its admission into the American Union would 
be a surrender of its independence to again try the experiment 
of membership in a Republic to which it had all along been for- 
eign.* Discussion of the question of Texas Annexation occu- 
pied most of the time of the second session of the Thirty-eighth 
Congress, 1844-45. ^ proposition to prohibit slavery within its 
borders was voted down.f With full knowledge of the fact that 

* Quite a number of Saxon settlers had drifted into Texas who had done much 
to foster the spirit of annexation. 

f Mexico hnd abolished slavery twenty years before, and therefore by the law of 
the Mexican Republic Texas was free territory. But Texas, when independent 
had re-established slavery. 




GENERAL ZACHARY TAYLOR. 



137 



138 POLITICAL HISTORY OF 

its status was one of war with Mexico, and that annexation 
would be an assumption of that status, the Congress voted for 
it. The joint resolution of annexation prohibited slavery in any- 
State formed of Texas territory north of 36° 30', but left the 
question to the people of the States to be formed of said terri- 
tory south of that line. We have already seen the steps by 
which her territory passed to the United States and the conse- 
quences.* The date of her admission was Dec. 29, 1845. 

WISCONSIN ADMITTED.— ThQ thirtieth State was Wis- 
consin. The Territory of Wisconsin was erected by act of April 
20, 1836. It was cut out of the Territory of Michigan, and that 
part east of the Mississippi had previously been in the Territories 
of Illinois, Indiana and the northwest of the Ohio. The Terri- 
tory of Wisconsin embraced the States of Wisconsin, Iowa and 
part of Minnesota. The Territory of Iowa was severed by act of 
June 12, 1838. By the enabling act of August 6, 1846, Wiscon- 
sin took its present shape, and by act of May 29, 1848, was ad- 
mitted as a State. Like the rest of the northwest territory 
Wisconsin shows in its names of places the trail of its early 
French occupants and owners. 

CALIFORNIA COMES.— Th^ Mexican war ended by the 
peace of February 2, 1848, called the treaty of Guadaloupe- 
Hidalgo. This brought that immense cession of territory men- 
tioned on page no, and out of which the Territory of California 
was organized. This cession threw the country into another 
ferment over the slavery question. By the laws of Mexico all 
this territory was free. But the proslavery wing of the Demo- 
cratic party joined issue with the friends of the Wilmot Proviso 
and forced another compromise (that of 1850), which, so far as 
California was concerned, had the effect of making her a free 
State. t She applied for admission Feb. 13, 1850, and was ad- 
mitted Sept. 9, 1850. The discovery of gold in her soil, the 
rapid population of the State by the adventurous and not too 
peaceful " forty-niners," and various apparent commercial rea- 
sons, not to say a pardonable national pride, made a State on 

* See ante, p. I07 and page 388, /^j/. 

f For fuller details of this compromise see page 401. 



THE UNITED STATES. 139 

the Pacific coast most desirable. The arch of the Union now 
spanned the continent. From 1787 to 1850 had been just sixty- 
three years. 

MINNESOTA ADM/TTBD—M'mnesotsL Territory had been 
formed March 3, 1849, out of the parts of Territories of Iowa 
and Wisconsin not included in those two States. Out of this 
Territory was carved the present State of Minnesota by the 
enabling act of Feb. 26, 1857. On May 11, 1858, the State of 
Minnesota was admitted into the Union. The balance of Minne- 
sota Territory went to Territory of Dakota. 

OREGON HEARD EROM.—The Pacific Coast presents 
another candidate. The immense Territory of Oregon was 
created out of all the northwestern portion of the Louisiana 
purchase, on Aug. 14, 1848. It extended from the fortieth 
parallel to the British possessions, and from the Pacific to the 
Rocky Mountains, with an area of nearly 300,000 square miles. 
Out of this domain was carved the State of Oregon, which by 
act of Feb. 14, 1859, was admitted into the Union. The rest of 
her Territory became the Territory of Washington. 

KANSAS, AND TROUBLE.— The thirty-fourth State, Kan- 
sas, had a stormy birth. The throes she engendered shook the 
Union to its very centre. The celebrated Kansas-Nebraska bill 
was introduced into the House Jan. 23, 1854. It was designed 
to establish the fact that the compromise of 1820 had been re- 
pealed by that of 1850, and further to establish the principle that 
slavery, north or south of 36° 30', was a matter for the people 
of each Territory to decide for themselves. The bill passed in 
March, 1854, and both North and South encouraged colonization 
within the limits of Kansas, which the bill created into a Terri- 
tory immediately west of Missouri and between 37° and 40°, 
as well as Nebraska, lying north of Kansas and between 40° and 
43°. Under the circumstances the condition of Kansas was that 
of constant petty war. It became a " bleeding Kansas " indeed, 
and as to bloodless party passion the rest of the country was no 
better off.* For seven years this warfare went on, and only ended 

* For fuller details of Kansas-Nebraska question see Administrations and Con- 
gresses, pages 413 and 429. 



140 POLITICAL HISTORY OF 

after the work of seceding from the Union began. Then the 
government which had been set up under the Lecompton con- 
stitution was repudiated, and that formed under the Wyandot 
Free State Constitution was adopted by a Republican Congress 
Jan. 29, 1 86 1, and Kansas became a State in the Union. The 
Territory of Kansas formed under the bill of Jan. 23, 1854, 
adopted May 30, 1854, had for its western boundary the Rocky 
Mountains, which were the eastern boundary of Utah. The act 
which admitted her as a State fixed the 25th meridian as her 
western boundary. All the rest of the Territory of Kansas went 
to the Territory of Colorado. 

WEST VIRGINIA CREATED. —The destructive work of 
secession introduced a new feature in State building. Virginia 
seceded from the Union and cast her lot with the Southern Con- 
federacy, April 17, 1861. Some thirty-nine of the western coun- 
ties refused to be bound by her action. Representatives from 
these met at Wheeling to protest against secession. A second 
convention met in August which framed a separate State con- 
stitution and form of government. This was submitted to the 
people in May, 1862, and ratified. It was then submitted to 
Congress, and after some slight amendments was accepted. The 
President was authorized to proclaim that it should take effect 
June 19, 1863, on which date West Virginia became a State in 
the Union. In 1872 the counties of Jefferson and Berkley, parts 
of Old Virginia, were added to West Virginia, the thirty-fifth 
State. 

NEVADA ADMITTED.— ISlevadsL Territory was erected 
March 2, 1 861, out of a strip from California, and that part of 
Utah Territory lying west of 38th meridian, though California 
has not yet made formal cession of the portion taken from her. 
The enabling act for the Territory was passed March 21, 1864, 
and on October 31, 1864, Nevada was admitted as a State. Her 
boundaries were much enlarged by act of May 5, 1866, which 
added some 18,326 square miles from Utah, and 12,225 square 
miles from Arizona, Territories. 

NEBRASKA ACCEPTED.— The original Territory of Ne- 
braska was erected May 30, 1854, out of that part of the public 



THE UNITED STATES. 141 

domain lying between Minnesota and the Rocky Mountains and 
between 40° N. lat., and the British possessions. But as part of 
this Territory shared with Kansas the vicissitudes of the slavery 
excitement, the paring process, which ran through half a dozen 
acts of Congress, did not end till April 19, 1864, when an 
enabling act was passed for the present limits of Nebraska. On 
February 9, 1867, she was admitted as a State, the act to take 
effect March i, 1867. 

THE CENTENNIAL STATE.— T\i^ Territory of Colorado 
was created by act of February 28, 1 861. It was one of a set 
then erected,* about which no mention of slavery was made 
in obedience to the terms of the Dred Scott decision. But there 
was ,then no need of such mention, for the South had given up 
its efforts to populate the debatable Territories and vote therein 
for slavery, and had entered upon secession as a remedy for evils 
it deemed otherwise incurable. Owing to mining, Colorado had 
a fluctuating population for many years. A State Constitution 
was framed in convention 1875-76, and accepted by the 
people July I, 1876. The date of final admission was August 
I, 1876. 

TEARING DOWN. — The sentiment of the country respect- 
ing slavery had grown more divergent ever since the adoption 
of the Constitution. It was not at first sectional, but as time 
passed it took that shape. Then it got to be political as well. 
The Kansas affair (see Kansas), the division of the Democratic 
party in its convention of i860, the evidence of a solidified and 
overwhelming anti-slavery sentiment supplied by the election of 
Mr. Lincoln, determined the slave States to no longer fight a 
losing battle for the maintenance and spread of their institution 
in the Union, but to secede and set up a central government of 
their own. Not doubting the wisdom of the step nor their ability 
to maintain it against the armed remonstrance they knew it was 
sure to provoke, they began the work of dismemberment in i860. 
The war which followed, and its results, must be the historic test 
of both the wisdom and strength of their undertaking, as well as 
of the ability of the Union to maintain itself against this kind 

* Including Nevada and Dakota. 



142 POLITICAL HISTORY. 

of attack, and to adapt itself to the prevalent vital thought of 
each succeeding age. 

The first open and direct step of dismemberment was taken by 
South Carolina in a convention called for the purpose. It was 
an ordinance of secession entitled "An Ordinance to dissolve the 
Union between the State of South Carolina and other States united 
with her in the compact entitled the Constitution of the United 
States of America," and was to take effect Dec. 20, i860. Before 
the end of January, 1861, similar ordinances had been passed by 
Georgia, Alabama, Florida, Mississippi, Louisiana and Texas. 
Delegates from these States met at Montgomery, Alabama, in 
February, 1 86 1, and formed a government called the " Confederate 
States of America," whose constitution closely resembled that 
which they had repudiated, save that it recognized slavery and 
prohibited protective tariffs. This Confederacy attracted other 
slave-holding States to it, to wit, Virginia, Tennessee, Arkansas 
and North Carolina. Thus eleven States were lost to the 
American Union and were in open war with it. It was the 
hardest and most direct blow ever administered to the Republic, 
because it came not from strangers but friends, not from without 
but within. The shock was fearful. For four years the grand 
monument of the fathers trembled to its base. For four years 
Republican institutions existed amid cloud and darkness, doubt- 
ful of clearing sky or auspicious sunrise. Those years ended, 
the result was failure of the Confederacy to maintain itself, the 
loss of slavery to its States, surrender of the attempt to wrench 
by force what reason could not win. 

REBUILDING. — This was a delicate and somewhat tedious 
task. There was no standard by which to determine the relation 
of these seceded States to the National Union, now that they 
had failed to validate by force their ordinances of separation. 
But the Supreme Court furnished one in 1869, in the case of 
Texas vs. White. It was held that " the ordinances of secession 
were absolutely null," that the seceding States had no right to 
secede, had never been out of the Union, could not get out ex- 
cept through successful rebellion. That the utmost they had 
done was to put off their old State governments, and take on 



COAT OF ARMS 



OF 



Each State in the American Union. 




CALIFORNIA. 



COLORADO. 




CONNECTICUT. 



DELAWARE. 




FLORIDA. 



GEORGIA. 



143 



COATS OF ARMS. 




IOWA. 



KANSAS. 




'^<ti^ 



KENTUCKY. 



LOUISIANA. 

GREAT" 




MAINE. 



MARYLAND. 




MASSACHUSETTS. 



MICHIGAN. 



144 



COATS OF ARMS. 




MINNESOTA. 



MISSISSIPPI. 




MISSOURI. 



NEBRASKA. 




NEVADA. 



NEW HAMPSHIRE. 




NEW JERSEY. 



NEW YORK. 




NORTH CAROLINA. 
10 



OHIO. 



145 



COATS OF ARMS. 




OREGON. 



PENNSYLVANIA. 




RHODE ISLAND. 



SOUTH CAROLINA. 




TENNESSEE. 



TEXAS. 




VERMONT. 



VIRGINIA. 




WEST VIRGINIA. 



WISCONSIN. 



146 



POLITICAL HISTORY. I47 

others which fitted them for membership in their Confederacy, 
but unfitted them for the place a State must hold in the Union, 
under the amended Constitution. That, therefore, the Congress 
had the right to re-establish the relation of these seceded 
States to the Union. The terms fixed were the establishment 
of State Constitutions and forms of government in accord with 
the amended National Constitution, and full ratification of its 
provisions. Waiving the above questions, Tennessee had sought 
and secured readmission, July 24, 1866; Arkansas, June 22, 
1868; North Carolina, South Carolina, Louisiana, Georgia and 
Florida under act of June 25, 1868, but with the proviso that 
they must further subscribe to the act of 1867 regarding free 
citizenship. All did this promptly except Georgia. Virginia 
was readmitted Jan. 25, 1870; Mississippi, Feb. 23, 1870 ; Texas, 
March 30, 1870. Georgia held out for the right to exclude 
negroes from office, but finally opened her offices to all citizens, 
and was readmitted July 15, 1870. The Union was restored to 
its full strength and majesty — let it be said to a fuller strength 
and m.ajesty than before. 

THE TERRITORIES. UTAH.—Oi those vast outlying 
acres not yet ready for States, but which have organizations and 
governments through Congress, Utah Territory was formed Sept. 
9, 1850. It had then an immense area of 220,000 square miles, 
parts of which were spared to Colorado, Nebraska, Nevada and 
Wyoming, leaving its present boundaries and an area of 82,190 
square miles. This Territory is the seat of Mormonism, and 
has on that account been conspicuous in our history. 

NEW MEXICO. — The Territory of New Mexico was erected 
Sept. 9, 1850, the same day as Utah. It embraced lands ceded 
by Mexico and those included in the Gadsden purchase. By 
losing parts to Colorado and Arizona it has gotten its present 
boundaries and an area of 122,460 square miles. 

WASHINGTON. — Six years before Oregon became a State 
her immense territory was severed, and the northern portion be- 
came Washington Territory, March 2, 1853. By losing the 
Territory of Idaho, and part of Nebraska, it got its present 
boundaries and an area of 66,880 square miles. 



148 POLITICAL HISTORY OF 

THE INDIAN COUNTRY.— ThQ idea of setting apart a por- 
tion of our domain for the exclusive use of Indians was not 
more humanitarian than the result of a need for protection. 
Remains of brave tribes, many of them despairing, most of them 
at enmity with the whites, were scattered about in the States and 
Territories. To get rid of them by putting them on soil they 
could call their own, where they would not be in the white man's 
way and where they might, perchance, lift themselves a little 
toward the civilization which had surrounded them and driven 
them thither, was the object of an Indian Country. It was laid 
off geographically, but was not organized as a Territory, June 
30, 1834. It was to embrace "all that part of the United States 
west of the Mississippi, and not within the States of Missouri, 
Louisiana and the Territory of Arkansas." The extent of this 
country and the fact that no organization was provided for 
showed that the legislation which set it apart was not serious. 
Almost immediately the land began to be needed for other pur- 
poses, and there was nothing in the act setting it apart for Indian, 
uses to raise even so much as a question about the impropriety 
or wrongfulness of dividing it up and appropriating it to other 
uses. So by various Acts of Congress this "Indian Country" 
was pared down to its present size and shape. The last act, that 
of May 30, 1854, organizing the Territory of Kansas, limited it 
to 69,830 square miles, with Missouri and Arkansas on its east, 
Kansas on its north, the Red River on its south and the looth 
meridian on its west. 

The "Indian Country" is a monument of national honor and 
disgrace ; honor, because it is the first distinct recognition, on 
the part of our government, of a policy that savored of human- 
ity; disgrace, because, until lately, it was the only formal an- 
nouncement of such a policy, and because through lack of 
candor, through bad management, through failure to engraft on 
it any working system, it has never produced a satisfactory 
fruitage. It seems amazing that the Saxon, even when highly 
civilized and in the enjoyment of strong, reducing and redeem- 
ing institutions, should always have regarded the Indian problem 
as a difficult one. It never was difficult. The French mission- 



THE UNITED STATES. 149 

ary and trader did not find it so. But then he chose to regard 
the Indian as a man, as endowed with feeling akin to his own, as 
owner of the soil, as susceptible to civilizing influences. Failure 
to so regard him is the secret of our neglect of the Indian, or 
rather of our ungenerous treatment of him. The idea of his 
extermination got an early hold on the colonist, and we seem 
never to have been able to outgrow this primitive and absurd no- 
tion. Modern humanitarians are more awake to the thought of 
making the Indian a part of our people. They feel the disgrace 
the nation has brought on itself, and the age, by its unwillingness 
or inability to devise a plan by which the Indian can be turned 
from his ways and made a factor in industry, art, science, govern- 
ment and morals. With a plan of government which will secure 
him schools, right to own separate farms, ownership of the pro- 
ceeds thereof, immunity from disturbance by whites when he 
appears to be in the way, the franchise, privileges of citizenship, 
there is no doubt of his future peacefulness and usefulness. 

DAKOTA. — Dakota Territory was erected by act of March 
2, 1 86 1, out of the Territory of Nebraska, and the remains of 
Minnesota Territory. It contained 310,867 square miles, but 
by losing Idaho, and by other adjustments, it was left with its 
present area of 147,700 square miles, July 25, 1868. 

ARIZONA. — Arizona was made a Territory Feb. 24, 1863, 
out of lands ceded by Mexico, and embraced in the Territory of 
New Mexico. By act of May 5, 1866, she lost a part of her 
soil to Nevada. Present area 112,920 square miles. 

IDAHO. — Idaho was formed from Washington Territory, 
March 3, 1863." Her area was 118,439 square miles, which was 
increased by various acquisitions to 326,373 square miles. 
Then by losses to Montana, Dakota and Wyoming, she got her 
present boundary, and area of 84,290 square miles, all of which 
was once in Washington Territory, formerly in Oregon Terri- 
tory, and is a part of the Louisiana Purchase. 

MONTANA— "SSfdiS erected May 26, 1864, from northern 
Idaho. Her entire area of 145,310 square miles is part of the 
Louisiana Purchase. 

ALASKA ACQUISITION.-— This territory is unorganized, 



150 POLITICAL HISTORY. 

though efforts to secure a Territorial organization are now 
being made. It came into the possession of the United States 
May 28, 1867, from Russia (see ante). Our evidences of 
sovereignty there and the keeping of the peace depend on the 
presence of the military or naval branches of the government. 
Area 531,409 square miles ; or as large as two States like Texas, 
twenty like Pennsylvania, or four hundred and thirty-four like 
Rhode Island. 

WYOMING. — The last Territory formed was Wyoming, by 
act of July 25, 1868. Area 97,575 square miles. It embraces 
the remnants of more States and Territories than any other, 
being the last formed. It includes parts of the French and 
Mexican cessions, and parts of what were Oregon, Nebraska, 
Idaho, Dakota, Washington and Utah Territories. 

ALL HARMONIOUS.— This brings all the Territory of the 
United States into definite subdivisions, and gives to each a form 
of government in harmony with the government of the whole. 
The States have constitutions, forms of government, and codes 
of laws, enacted by their people, and in accord with the federal 
constitution. The Territories have only statutory existence and 
definite metes and bounds. Their governments do not exist by 
voice of the people but by Act of Congress : they therefore are 
provisional and temporary, lasting till the people are sufficiently 
numerous * and unanimous to form acceptable State govern- 
ments. As already seen, Alaska is held under a military or 
naval government. 

* In general, the population ought to equal the last apportionment for a member 
of Congress. But where commercial or other high reasons exist, States are often 
admitted with a less quota. 




THE 

DECLARATION OF INDEPENDENCE, 



A DECLARATION BY THE REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA, IN CONGRESS ASSEMBLED 



When, in the course of human events, it becomes necessary for one people to 
dissolve the political bands which have connected them with another, and to as- 
sume, among the powers of the earth, the separate and equal station to which the 
laws of nature and of nature's God entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes which impel them to the 
separation. 

We hold these truths to be self-evident, that all men are created equal ; that they 
are endowed by their Creator with certain unalienable rights ; that among these are 
life, liberty, and the pursuit of happiness. That, to secure these rights, governments 
are instituted among men, deriving their just powers from the consent of the gov- 
erned ; that, whenever any form of government becomes destructive of these ends, it 
is the right of the people to alter or to abolish it, and to institute a new government, 
laying its foundation on such principles, and organizing its powers in such form, as 
to them shall seem most likely to effect their safety and happiness. Prudence, in- 
deed, will dictate that governments long established should not be changed for light 
and transient causes; and, accordingly, all experience hath shown, that mankind 
are more disposed to suffer, while evils are sufiferable, than to right themselves by 
abolishing the forms to which they are accustomed. But, when a long train of 
abuses and usurpations, pursuing invariably the same object, evinces a design to re- 
duce them under absolute despotism, it is their right, it is their duty, to throw off 
such government, and to provide new guards for their future security. Such has 

(151) 



15^ POLITICAL HISTORY OF 

been the patient sufferance of these colonies, and such is now the necessity which 
constrains them to alter their former systems of government. The history of the 
present king of Great Britain is a history of repeated injuries and usurpations, all 
having in direct object the establishment of an absolute tyranny over these States. 
To prove this, let facts be submitted to a candid world : 

He has refused his assent to laws the most wholesome and necessary for the public 
good. 

He has forbidden his governors to pass laws of immediate and pressing impor- 
tance, unless suspended in their operation till his assent should be obtained ; and, 
when so suspended, he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation of large districts of 
people, unless those people would relinquish the right of representation in the legis- 
lature ; a right inestimable to them and formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncomfortable, and 
distant from the depository of their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing with manly firm- 
ness his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others to be elected ; 
whereby the legislative powers, incapable of annihilation, have returned to the 
people at large for their exercise ; the State remaining, in the meantime, exposed to 
all the danger of invasion from without and convulsions within. 

He has endeavored to prevent the population of these States; for that purpose, 
obstructing the laws for naturalization of foreigners ; refusing to pass others to 
encourage their migration hither, and raising the conditions of new appropriations 
of lands. 

He has obstructed the administration of justice, by refusing his assent to laws for 
establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure of their offices 
and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms of officers to 
harass our people and eat out their substance. 

He has kept among us, in times of peace, standing armies, without the consent of 
our legislature. 

He has affected to render the military independent of, and superior to, the civil 
power. 

He has combined with others to subject us to a jurisdiction foreign to our con- 
stitution, and unacknowledged by our laws; giving his assent to their acts of pre- 
tended legislation : 

For quartering large bodies of armed troops among us ; 

For protecting them, by a mock trial, from punishment for any murders which 
they should commit on the inhabitants of these States; 

For cutting off our trade with all parts of the world; 

For imposing taxes on us without our consent; 

For depriving us, in many cases, of the benefits of trial by jury; 



THE UNITED STATES. I53 

For transporting us beyond seas to be tried for pretended offences ; 

For abolishnig the free system of English laws in a neighboring province, estab- 
lishing therein an arbitrary government, and enlarging its boundaries, so as to render 
it at once an example and fit instrument for introducing the same absolute rule into 
these colonies ; 

For taking away our charters, abolishing our most valuable laws, and altering, 
fundamentally, the powers of our governments; 

For suspending our own legislatures, and declaring themselves invested with 
power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his protection and 
waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed 
the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries to complete 
the works of death, desolation, and tyranny, already begun, with circumstances of 
cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally un- 
worthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high seas, to bear 
arms against their country, to become the executioners of their friends and brethren, 
or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endeavored to bring 
on the inhabitants of our frontiers the merciless Indian savages, whose known rule 
of warfare is an undistinguished destruction, of all ages, sexes and conditions. 

In every stage of these oppressions, we have petitioned for redress, in the most 
humble terms; our repeated petitions have been answered only by repeated injury. 
A prince, whose character is thus marked by every act which may define a tyrant, is 
unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 

We have warned them, from time to time, of attempts made by their legislature 
to extend an unwarrantable jurisdiction over us. We have reminded them of the 
circumstances of our emigration and settlement here. We have appealed to their 
native justice and magnanimity, and we have conjured them, by the ties of our com- 
mon kindred, to disavow these usurpations, which would inevitably interrupt our 
connections and correspondence. They, too, have been deaf to the voice of justice 
and consanguinity. We must, therefore, acquiesce in the necessity which denounces 
our separation, and hold them as we hold the rest of mankind, enemies in war, in 
peace, friends. 

We, therefore, the representatives of the United States of America, in gen- 
eral CONGRESS assembled, appealing to the Supreme Judge of. the world for the 
rectitude of our intentions, do, in the name, and by the authority of the good people 
of these colonies, solemnly publish and declare. That these United Colonies are, 
and of right ought to be, free and independent States ; that they are absolved from 
all allegiance to the British crown, and that all political connection between them 
and the state of Great Britain, is, and ought to be, totally dissolved ; and that, as 
FREE AND INDEPENDENT STATES, they have full power to levy war, conclude peace, 



154 



POLITICAL HISTORY 



contract alliances, establish commerce, and to do all other acts and things which 
INDEPENDENT STATES may of right do. And, for the support of this declaration, 
with a firm reliance on the protection of DIVINE PROVIDENCE, we mutually 
pledge to each other, our lives, our fortunes, and our sacred honor. 



^-^^ 










<^-*2- 




ARTICLES OF CONFEDERATION 



And perpetual union between the states of New . Hampshire, Massachusetts Bay, 
Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, 
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and 
Georgia. 

Article I. The style of this Confederacy shall be, " The United States of 
America." 

Article II. Each state retains its sovereignty, freedom, and independence, and 
every power, jurisdiction, and right, which is not by this Confederation expressly 
delegated to the United States in Congress assembled. 

Article III. The said states hereby severally enter into a firm league of friend- 
ship wiih each other, for their common defence, the security of their liberties, and 
their mutual and general welfare; binding themselves to assist each other against 
all force offered to, or attacks made upon them, or any of them, on account 
of religion, sovereignty, trade, or any other pretence whatever. 

Article IV. The better to secure and perpetuate mutual friendship and inter- 
course among the people of the different states in this Union, the free inhabitants of 
each of these states, paupers, vagabonds, and fugitives from justice excepted, shall 
be entitled to all privileges and immunities of free citizens in the several states ; and 
the people of each state shall have free ingress and regress to and from any other 
state ; and shall enjoy therein all the privileges of trade and commerce, subject to 
the same duties, impositions, and restrictions as the inhabitants thereof respectively ; 
provided, that such restriction shall not extend so far as to prevent the removal of 
property imported into any slate to any other state, of which the owner is an inhab- 
itant; provided also, that no imposition, duties, or restriction shall be laid by any 
state on the property of the United States, or either of them. 

If any person guilty of, or charged with treason, felony, or other high misdemeanor, 
in any state, shall flee from justice, and be found in any of the United States, he 
shall, upon demand of the governor or executive power of the state from which 
he fled, be delivered up and removed to the state having jurisdiction of his offence. 

Full faith and credit shall be given in each of these states to the records, acts, and 
judicial proceedings of the courts and magistrates of every other state. 

Article V. For the more convenient management of the general interests of 
the United States, delegates shall be annually appointed in such manner as the leg- 
islature of each state shall direct, to meet in Congress on the first Monday 
in November, in every year, with a power reserved to each state to recall its dele- 
gates, or any of them, at any time within the year, and send others in their stead for 
the remainder of the year. 

(155) 



156 POLITICAL HISTORY OF 

No state shall be represented in Congress by less than two, nor by more than seven 
members ; and no person shall be capable of being a delegate for more than three 
years in any term of six years; nor shall any person, being a delegate, be capable 
of holding any office under the United States, for which he, or another for his bene- 
fit, receives any salary, fees, or emolument of any kind. 

Each state shall maintain its own delegates in a meeting of the states, and while 
they act as members of the committee of the states. 

In determining questions in the United States in Congress assembled, each state 
shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached or questioned 
in any court or place out of Congress ; and the members of Congress shall be pro- 
tected in their persons from arrests and imprisonment during the time of their going 
to, and from, and attending on Congress, except for treason, felony, or breach of the 
peace. 

Article VI. No state, without the consent of the United States in Congress 
assembled, shall send any embassy to, or receive any embassy from, or enter into any 
conference, agreement, alliance, or treaty with any king, prince, or state ; nor shall 
any person, holding any office of profit or trust under the United States, or any of 
them, accept of any present, emolument, office, or title of any kind whatever from 
any king, prince, or foreign state ; nor shall the United States in Congress assembled, 
or any of them, grant any title of nobility. 

No two or more states shall enter into any treaty, confederation, or alliance what- 
ever between them, without the consent of the United States in Congress assembled, 
specifying accurately the purposes for which the same is to be entered into, and how 
long it shall continue. * 

No state shall lay any imposts or duties, which may interfere with any stipulations 
in treaties entered into by the United States in Congress assembled, with any king, 
prince, or state, in pursuance of any treaties already proposed by Congress to the 
Courts of France and Spain. 

No vessels of war shall be kept up, in time of peace, by- any state, except such 
number only as shall be deemed necessary, by the United States in Congress assem- 
bled, for the defence of such state, or its trade ; nor shall any body of forces be kept 
up by any state, in time of peace, except such number only as, in the judgment of 
the United States in Congress assembled, shall be deemed requisite to garrison the 
forts necessary for the defence of such state : but every state shall always keep up a 
well-regulated and disciplined militia, sufficiently armed and accoutred ; and shall 
provide and constantly have ready for use, in public stores, a due number 
of field-pieces and tents, and a proper quantity of arms, ammunition, and camp 
equipage. 

No state shall engage in any war, without the consent of the United States in 
Congress assembled, unless such state be actually invaded by enemies, or shall have 
received certain advice of a resolution being formed by some nation of Indians to 
invade such state, and the danger is so imminent as not to admit of a delay till the 
United States in Congress assembled can be consulted ; nor shall any state grant 
commissions to any ship or vessels of war, nor letters of marque or reprisal, except 



THE UNITED STATES. 157 

it be after a declaration of war by the United States in Congress assembled ; and 
then only against the kingdom or state, and the subjects thereof, against which war 
has been so declared, and under such regulations as shall be established by the 
United States in Congress assembled, unless such state be infested by pirates, in which 
case vessels of war may be fitted out for that occasion, and kept so long as the dan- 
ger shall continue, or until the United States in Congress assembled shall determine 
otherwise. 

Article VII. When land forces are raised by any state for the common defence, 
all officers of or under the rank of colonel shall be appointed by the legislature of 
each state respectively, by whom such forces shall be raised, or in such manner as 
such state shall direct; and all vacancies shall be filled up by the state which first 
made the appointment. 

Article VIII. All charges of war, and all other expenses that shall be incurred 
for the common defence or general welfare, and allowed by the United States in 
Congress assembled, shall be defrayed out of a common treasury which shall be sup- 
plied by the several states in proportion to the value of all land within each state, 
granted to or surveyed for any person as such land and the buildings and improve- 
ments thereon shall be estimated, according to such mode as the United States in 
Congress assembled shall, from time to time, direct and appoint. The taxes for 
paying that proportion shall be laid and levied by the authority and direction of the 
legislatures of the several states, within the time agreed upon by the United States 
in Congress assembled. 

Article IX. The United States, in Congress assembled, shall have the sole and 
exclusive right and power of determining on peace and war, except in the cases 
mentioned in the sixth Article : Of sending and receiving ambassadors : Entering 
into treaties and alliances, provided that no treaty of commerce shall be made 
whereby the legislative power of the respective states shall be restrained from im- 
posing such imposts and duties on foreigners as their own people are subjected to, 
or from prohibiting the exportation or importation of any species of goods or com- 
modities whatever : Of establishing rules for deciding, in all cases, what captures 
on land or water shall be legal ; and in what manner prizes, taken by land or naval 
forces in the service of the United States, shall be divided or appropriated : Of grant- 
ing letters of marque and reprisal in times of peace : Appointing courts for the trial 
of piracies and felonies committed on the high seas ; and establishing courts for re- 
ceiving and determining, finally, appeals in all cases of captures ; provided that no 
member of Congress shall be appointed a judge of any of the said courts. 

The United States, in Congress assembled, shall also be the last resort, on appeal, 
in all disputes and differences now subsisting, or that hereafter may arise between 
two or more states concerning boundary, jurisdiction, or any other cause whatever; 
which authority shall always be exercised in the manner following : Whenever the 
legislative or executive authority, or lawful agent of any state, in controversy with 
another, shall present a petition to Congress, stating the matter in question, and 
praying for a hearing, notice thereof shall be given, by order of Congress, to the 
legislative or executive authority of the other state in controversy ; and a day as- 
signed for the appearance of the parties by their lawful agents, who shall then be 



158 POLITICAL HISTORY OF 

directed to appoint, by joint consent, commissioners or judges to constitute a court 
for hearing and determining the matter in question, but if they cannot agree. Con- 
gress shall name three persons out of each of the United States ; and from the list 
of such persons each party shall alternately strike out one, the petitioners beginning, 
until the number shall be reduced to thirteen ; and from that number not less than 
seven nor more than nine names, as Congress shall direct, shall, in the presence of 
Congress, be drawn out by lot; and the persons whose names shall be so drawn, or 
any five of them, shall be commissioners or judges to hear and finally determine the 
controversy, so always as a major part of the judges, who shall hear the cause, shall 
agree in the determination. And if either party shall neglect to attend at the day 
appointed, without showing reasons which Congress shall judge sufficient, or being 
present shall refuse to strike, the Congress shall proceed to nominate three persons 
out of each state, and the Secretary of Congress shall strike in behalf of such party 
absent or refusing ; and the judgment and sentence of the court, to be appointed in 
the manner before prescribed, shall be final and conclusive. And if any of the par- 
ties shall refuse to submit to the authority of such court, or to appear, or defend 
their claim or cause, the court shall nevertheless proceed to pronounce sentence or 
judgment, which shall in like manner be final and decisive ; the judgment or sen- 
tence and other proceedings being, in either case, transmitted to Congress and lodged 
among the Acts of Congress for the security of the parties concerned : Provided that 
every commissioner, before he sits in judgment, shall take an oath, to be adminis- 
tered by one of the judges of the supreme or superior court of the state where the 
cause shall be tried, *' Well and truly to hear and determine the matter in question, 
according to the best of his judgment, without favor, affection, or hope of reward: " 
Provided also, that no state shall be deprived of territory for the benefit of the 
United States. 

All controversies concerning the private right of soil claimed under different 
grants of two or more states, whose jurisdictions, as they may respect such lands and 
the states which passed such grants, are adjusted, the said grants, or either of them, 
being at the same time claimed to have originated antecedent to such settlement 
of jurisdiction, shall, on the petition of either party to the Congress of the 
United States, be finally determined, as near as may be, in the same manner as is 
before prescribed for deciding disputes respecting territorial jurisdiction between 
different states. 

The United States, in Congress assembled, shall also have the sole and exclusive 
right and power of regulating the alloy and value of coin struck by their own 
authority, or by that of the respective states : Fixing the standard of weights and 
measiires throughout the United States : Regulating the trade and managing all 
affairs with the Indians, not members of any of the states ; provided that the legis- 
lative right of any state within its own limits be not infringed or violated : Estab- 
lishing and regulating post-offices, from one state to another, throughout all the 
United States, and exacting such postage on the papers passing through the same as 
maybe requisite to defray the expenses of the said office : Appointing all officers of 
the land forces in the service of the United States, excepting regimental officers : 
Appointing all the officers of the naval forces, and commissioning all officers what- 



THE UNITED STATES. 159 

ever in the service of the United States : Making rules for the government and regu- 
lation of the land and naval forces, and directing their operations. 

The United States, in Congress assembled, shall have authority to appoint a com- 
mittee, to sit in the recess of Congress, to be denominated A committee of the 
STATES, and to consist of one delegate from each state, and to appoint such other 
committees and civil officers as may be necessary for managing the general affairs 
of the United States under their direction : To appoint one of their number to pre- 
side ; provided that no person be allowed to serve in the office of president more 
than one year in any term of three years : To ascertain the necessary sums of money 
to be raised for the service of the United States, and to appropriate and apply the 
same for defraying the public expenses : To borrow money or emit bills on the credit 
of the United States, transmitting every half year to the respective states an account 
of the sums of money so borrowed or emitted : To build and equip a navy : To agree 
upon the number of land forces, and to make requisitions from each state for its 
quota, in proportion to the number of white inhabitants in such state, which requisi- 
tion shall be binding; and thereupon the legislature of each state shall appoint the 
regimental officers, raise the men, and clothe, arm, and equip them, in a soldier- 
like manner, at the expense of the United States; and the officers and men so 
clothed, armed, and equipped, shall march to the place appointed, and within the 
time agreed on by the United States in Congress assembled : but if the United States, 
in Congress assembled, shall, on consideration of circumstances, judge proper that 
any state should not raise men, or should raise a smaller number than its quota, and 
that any other state should raise a greater number of men than its quota thereof, 
such extra number shall be raised, officered, clothed, armed, and equipped in the 
same manner as the quota of such state ; unless the legislature of such state shall 
judge that such extra number cannot be safely spared out of the same ; in which 
case they shall raise, officer, clothe, arm, and equip as many of such extra number 
as they judge can be safely spared : and the officers and men so clothed, armed, and 
equipped, shall march to the place appointed, and within the time agreed on by the 
United States in Congress assembled. 

The United States, in Congress assembled, shall never engage in a war; nor grant 
letters of marque and reprisal in time of peace ; nor enter into any treaties or alli- 
ances; nor coin money; nor regulate the value thereof; nor ascertain the sums and 
expenses necessary for the defence and welfare of the United States, or any of them; 
nor emit bills; nor borrow money on the credit of the United States; nor appro- 
priate money ; nor agree upon the number of vessels of war to be built or purchased, 
or the number of land or sea forces to be raised ; nor appoint a Commander-in-Chief 
of the army or navy; unless nine states assent to the same; nor shall a question on 
any other point, except for adjourning from day to day, be determined, unless by 
the votes of a majority of the United States in Congress assembled. 

The Congress of the United States shall have power to adjourn to any time 
within the year, and to any place within the United States, so that no period of ad- 
journment be for a longer duration than the space of six months; and shall publish 
the Journal of their proceedings monthly, except such parts thereof relating to 
treaties, alliances, or military operations, as in their judgment require secrecy; and 



160 POLITICAL HISTORY. 

the yeas and nays of the delegates of each state on any question shall be entered on 
the Journal, when it is desired by any delegate; and the delegates of a state, or any 
of them, at his or their request, shall be furnished with a transcript of the said 
Journal, except such parts as are above excepted, to lay before the legislatures of 
the several states. 

Article X. The committee of the states, or any nine of them, shall be author- 
ized to execute, in the recess of Congress, such of the powers of Congress as the 
United States in Congress assembled, by the consent of nine states, shall f'-om time 
to time think expedient to vest them with; provided that no power be delegated to 
the said committee, for the exercise of which, by the Articles of Confederation, 
the voice of nine states in the Congress of the United States assembled is requisite. 

Article XI, Canada, acceding to this Confederation, and joining in the measures 
of the United States, shall be admitted into, and entitled to all the advantages of 
this Union ; but no other colony shall be admitted into the same, unless such ad- 
mission be agreed to by nine states. 

Article XII. All bills of credit emitted, moneys borrowed, and debts contracted 
by, or under the authority of Congress, before the assembling of the United States, 
in pursuance of the present Confederation, shall be deemed and considered as. a 
charge against the United States, for payment and satisfaction whereof the said 
United States, and the public faith, are hereby solemnly pledged. 

Article XIII. Every state shall abide by the determinations of the United States 
in Congress assembled, on all questions which by this Confederation are submitted 
to them. And the Articles of this Confederation shall be inviolably observed by 
every state ; and the Union shall be perpetual. Nor shall any alteration at any 
time hereafter be made in any of them, unless such alteration be agreed to in a 
Congress of the United States, and be afterwards confirmed by the legislatures of 
every state. 

And whereas, it hath pleased the Great Governor of the world to incline the 
hearts of the legislatures we respectively represent in Congress, to approve of, and 
to authorize us to ratify the said Articles of Confederation and perpetual Union : 
Know ye that we the undersigned delegates, by virtue of the power and authority 
to us given for that purpose, do by these presents, in the name and in behalf of our 
respective constituents, fully and entirely ratify and confirm each and every of the 
said Articles of Confederation and perpetual Union, and all and singular the matters 
and things therein contained. And we do further solemnly plight and engage the 
faith of our respective constituents, that they shall abide by the determinations of 
the United States in Congress assembled, on all questions, which by the said Con- 
federation are submitted to them ; and that the articles thereof shall be inviolably 
observed by the states we respectively represent; and that the Union shall be per- 
petual. In witness whereof we have hereunto set our hands in Congress. Done at 
Philadelphia, in the state of Pennsylvania, the 9th day of July, in the year of our 
Lord 1 778, and in the 3d year of the Independence of America. 



CONSTITUTION 



OP THE 



UNITED STATES OF AMERICA. 



We, the people of the United States, in order to form a more perfect 
Union, establish justice, insure domestic tranquility, provide for the common 
defence, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this Constitution for the 
United States of America. 

ARTICLE i. 

Section i. — i. All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and House of Represent- 
atives. 

Section 2. — i. The House of Representatives shall be composed of members 
chosen every second year by the people of the several states, and the electors in each 
state shall have the qualifications requisite for electors of the most numerous branch 
of the state legislature. 

2. No person shall be a Representative who shall not have attained to the age of 
twenty-five years, and been seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that state in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the several states 
which may be included within this Union, according to their respective numbers, 
which shall be determined by adding to the whole number of free persons, including 
those bound to service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by law direct. The number 
of Representatives shall not exceed one for every thirty thousand, but each state shall 
have at least one Representative; and, until such enumeration shall be made, the 
state of New Hampshire shall be entitled to choose three, Massachusetts eight, 

11 (161) 



162 POLITICAL HISTORY OF 

Rhode Island and Providence Plantations one, Connecticut five, New York six, New 
Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any state, the executive 
authority thereof shall issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker and other officers; 
and shall have the sole power of impeachment. 

Section 3. — i. The Senate of the United States shall be composed of two Sena- 
tors from each state, chosen by the legislature thereof, for six years ; and each Sen- 
ator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first election, 
they shall be divided, as equally as may be, into three classes. The seats of the 
Senators of the first class shall be vacated at the expiration- of the second year ; of 
the second class, at the expiration of the fourth year ; and of the third class, at the 
expiration of the sixth year; so that one-third may be chosen every second year; 
and if vacancies happen by resignation, or otherwise, during the recess of the legis- 
lature of any state, the executive thereof may make temporary appointments until the 
next meeting of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the age of thirty 
years, and been nine years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he shall be chosen. 

4. The Vice-President of the United States shall be President of the Senate, but 
shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a President pro teynpore, 
in the absence of the Vice-President, or when he shall exercise the office of President 
of the United States. 

6. The Senate shall have the sole power to try all impeachments. When sitting 
for that purpose, they shall be on oath or affirmation. When the President of the 
United States is tried, the Chief Justice shall preside ; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than to removal 
from office, and disqualification to hold and enjoy any office of honor, trust, or profit* 
under the United States; but the party convicted shall, nevertheless, be liable and 
subject to indictment, trial, judgment, and punishment, according to law. 

Section 4. — i. The times, places, and manner, of holding elections for Senators 
and Representatives, shall be prescribed in each state by the legislature thereof : but 
the Congress may at any time, by law, make or alter such regulations, except as to 
the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, and such meeting 
shall be on the first Monday in December, unless they shall by law appoint a dif- 
ferent day. 

Section 5.— i. Each House shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall constitute a quorum 
to do business ; but a smaller number may adjourn from day to day, and may be 
authorized to compel the attendance of absent members, in such manner, and under 
such penalties, as each House may provide. 



THE UNITED STATES. 163 

2. Each House may determine the rules of its proceedings, punish its mem- 
bers for disorderly behavior, and with the concurrence of two-thirds, expel a 
member. 

3. Each House shall keep a journal of its proceedings, and, from time to time, 
publish the same, excepting such parts as may, in their judgment, require secrecy ; 
and the yeas and nays of the members of either House, on any question, shall, at the 
desire of one-fifth of those present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without the consent of 
the other, adjourn for more than three days, nor to any other place than that in which 
the two Houses shall be sitting. 

Section 6. — i. The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the treasury of the United 
States. They shall, in all cases, except treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at the session of their respective 
Houses, and in going to, and returning from, the same; and for any speech or de- 
bate in either House, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he was elected, 
be appointed to any civil office under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have been increased during 
such time ; and no person holding any office under the United States, shall be a mem- 
ber of either House during his continuance in office. 

Section 7. — i. All bills for raising revenue shall originate in the House of Rep- 
resentatives ; but the Senate may propose or concur with amendments as on other 
bills. 

2. Every bill, which shall have passed the House of Representatives and the Sen- 
ate, shall, before it become a law, be presented to the President of the United States; 
if he approve, he shall sign it, but if not, he shall return it, with his objections, to 
that House in which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it. If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it shall be sent, together with the 
objections, to the other House, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that House, it shall become a law. But in all such cases 
the votes of both Houses shall be determined by yeas and nays, and the names of 
the persons voting for and against the bill shall be entered on the journal of each 
House respectively. If any bill shall not be returned by the President within ten 
days (Sundays excepted) after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the Congress, by their adjourn- 
ment, prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote, to which the concurrence of the Senate and 
House of Representatives may be necessary (except on a question of adjournment), 
shall be presented to the President of the United States ; and before the same shall 
take effect, shall be approved by him, or, being disapproved by him, shall be repassed 
by two-thirds of the Senate and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. 

Section 8. — The Congress shall have power 



164 POLITICAL HISTORY OF 

1. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and 
provide for the common defence and general welfare, of the United States ; but all 
duties, imposts, and excises, shall be uniform throughout the United States : 

2. To borrow money on the credit of the United States : 

3. To regulate commerce with foreign nations, and among the several states, and 
with the Indian tribes : 

4. To establish a uniform rule of naturalization, and uniform laws on the subject 
of bankruptcies, throughout the United States : 

5. To coin money, regulate the value thereof, and of foreign coin, and fix the 
standard of weights and measures : 

6. To provide for the punishment of counterfeiting the securities and current 
coin of the United States : 

7. To establish post-offices and post-roads : 

8. To promote the progress of science and useful arts, by securing, for limited 
times, to authors and inventors, the exclusive right to their respective writings and 
discoveries : 

9. To constitute tribunals inferior to the Supreme Court : 

10. To define and punish piracies and felonies, committed on the high seas, and 
offences against the law of nations : 

11. To declare war, grant letters of marque and reprisal, and make rules con- 
cerning captures on land and water : 

12. To raise and support armies ; but no appropriation of money to that use shall 
be for a longer term than two years : 

13. "To provide and maintain a navy : 

14. To make rules for the government and regulation of the land and naval 
forces : 

15. To provide for calling forth the militia to execute the laws of the Union, sup- 
press insurrections, and repel invasions : 

16. To provide for organizing, arming, and disciplining the militia, and for gov- 
erning such part of them as may be employed in the service of the United States, 
reserving to the states respectively the appointment of the officers, and the authority 
of training the militia, according to the discipline prescribed by Congress: 

17. To exercise exclusive legislation in all cases whatsoever, over such district 
(not exceeding ten miles square) as may, by cession of particular states, and the 
acceptance of Congress, become the seat of the government of the United States, 
and to exercise like authority over all places, purchased by the consent of the legis- 
lature of the state in which the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings : — And 

18. To make all laws which shall be necessary and proper for carrying into exe- 
cution the foregoing powers, and all other powers vested by this Constitution in the 
Government of the United States, or in any department or officer thereof. 

Section 9. — i. The migration or importation of such persons, as any of the 
states, now existing, shall think proper to admit, shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and eight ; but a tax or 
duty may be imposed on such importation, not exceeding ten dollars for each 
person. 



THE UNITED STATES. 165 

2. The privilege of the writ of habeas corpus shall not be suspended, unless when, 
in cases of rebellion or invasion, the public safety may require it. 

3. No bill of attainder, or ex post facto law, shall be passed. 

4. No capitation, or other direct tax, shall be laid, unless in proportion to the 
census or enumeration hereinfore directed to be taken^ 

5. No tax or duty shall be laid on articles exported from any state. No preference 
shall be given by any regulation of commerce or revenue to the ports of one state 
over those of another; nor shall vessels bound to, or from, one state, be obliged to 
enter, clear, or pay duties, in another. 

6. No money shall be drawn from the treasury, but in consequence of appropria- 
tions made by law ; and a regular statement and account of the receipts and expen- 
ditures of all public money shall be published from time to time. 

7. No title of nobility shall be granted by the United States ; and no person, 
holding any office of profit or trust under them, shall, without the consent of the 
Congress, accept of any present, emolument, office, or title, of any kind whatever, 
from any king, prince, or foreign state. 

Section 10. — i. No state shall enter into any treaty, alliance, or confederation; 
grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any- 
thing but gold and silver coin a tender in payment of debts ; pass any bill of attain- 
der, ex post facto law, or law impairing the obligation of contracts, or grant any title 
of nobility. 

2. No state shall, without the consent of the Congress, lay any imposts or duties 
on imports or exports, except what may be absolutely necessary for executing its 
inspection laws ; and the net produce of all duties and imposts, laid by any slate on 
imports or exports, shall be for the use of the treasury of the United States ; and all 
such laws shall be subject to the revision and control of the Congress. No state 
shall, without the consent of Congress, lay any duty of tonnage, keep troops, or 
ships of war, in time of peace, enter into any agreement or compact with another 
state, or with a foreign power, or engage in war, unless actually invaded, or in such 
imminent danger as will hot admit of delay. 

ARTICLE II. 

Section i. — i. The Executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four years, and to- 
gether with the Vice-President, chosen for the same term, be elected as follows : 

2. Each state shall appoint, in such manner as the legislature thereof may direct, 
a number of Electors, equal to the whole number of Senators and Representatives, 
to which the state may be entitled in the Congress ; but no Senator or Representa- 
tive, or person holding an office of trust or profit, under the United States, shall be 
appointed an Elector. 

3. The Electors shall meet in their respective states, and vote by ballot for two 
persons, of whom one, at least, shall not be an inhabitant of the same state with 
themselves. And they shall make a list of all the persons voted for, and of the 
number of votes for each ; which list they shall sign and certify, and transmit, sealed, 
to the seat of the Government of the United States, directed to the President of the 



IQQ POLITICAL HISTORY OF 

Senate. The President of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be the President, if such num- 
ber be a majority of the whole number of Electors appointed ; and if there be more 
than one, who have such majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose, by ballot, one of them for 
President ; and if no person have a majority, then, from the five highest on the list, 
the said House shall, in like manner, choose the President. But in choosing the 
President, the votes shall be taken by states, the representation from each state hav- 
ing one vote ; a quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be necessary to a choice. 
In every case, after the choice of the President, the person having the greatest num- 
ber of votes of the Electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them, by ballot, the 
Vice-President. 

4. The Congress may determine the time of choosing the Electors, and the day 
on which they shall give their votes ; which day shall be the same throughout the 
United States. 

5. No person, except a natural-born citizen, or a citizen of the United States at 
the time of the adoption of this Constitution, shall be eligible to the office of Presi- 
dent ; neither shall any person be eligible to that office, who shall not have attained 
to the age of thirty-five years, and been fourteen years a resident within the United 
States. 

6. In case of the removal of the President from office, or of his death, resignation, 
or inability to discharge the powers and duties of the said office, the same shall de- 
volve on the Vice-President, and the Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer shall act accord- 
ingly, until the disability be removed, or a President shall be elected. 

7. The President shall, at stated times, receive for his services, a. compensation, 
which shall neither be increased nor diminished during the period for which he 
shall have been elected, and he shall not receive, within that period, any other 
emolument from the United States, or any of them. 

8. Before he enter on the execution of his office, he shall take the following oath 
or affirmation : 

9. " I do solemnly swear (or affirm), that I will faithfully execute the office of 
President of the United States, and will, to the best of my ability, preserve, protect, 
and defend the Constitution of the United States." 

Section 2. — i. The President shall be Commander-in-Chief of the army and 
navy of the United States, and of the militia of the several states, when called into 
the actual service of the United States ; he may require the opinion, in writing, of 
the principal officer in each of the executive departments upon any subject relating 
to tl^e duties of their respective offices, and he shall have power to grant reprieves 
and pardons for offences against the United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the Senate, 



THE UNITED STATES. 167 

to make treaties, provided two-thirds of the Senators present concur ; and he shall 
nominate, and, by and with the advice and consent of the Senate, shall appoint 
ambassadors, other public ministers, and consuls, judges of the Supreme Court, and 
all other oflficers of the United States whose appointments are not herein otherwise 
provided for, and which shall be established by law : but the Congress may by law 
vest the appointment of such inferior officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that may happen during 
the recess of the Senate, by granting commissions which shall expire at the end of 
their next session. 

Section 3. — i. He shall, from time to time, give to the Congress information of 
the state of the Union, and recommend to their consideration such measures as he 
shall judge necessary and expedient ; he may, on extraordinary occasions, convene 
both Houses, or either of them, and in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commission all the officers of the 
United States. 

Section 4. — i. The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment for, and conviction of, 
treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

Section i. — l. The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may, from lime to time, 
ordain and establish. The judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior, and shall, at stated times, receive for their 
services a compensation which shall not be diminished during their continuance in 
office. 

Section 2. — i. The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and treaties made, or 
which shall be made, under their authority; to all cases affecting ambassadors, other 
public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to 
controversies to which the United States shall be a party ; to controversies between 
two or more states, betwen a state and citizens of another state, between citizens of 
different stales, between citizens of the same state claiming lands under grants of 
different states, and between a state or the citizens thereof, and foreign states, 
citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers and consuls, and 
those in which a state shall be a party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such exceptions and under such 
regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by jury; and 
such trial shall be held in the state where the said crimes shall have been committed j 



ieS POLITICAL HISTORY OF 

but when not committed within any state the trial shall be at such place or places as 
the Congress may by law have directed. 

Section 3. — i. Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two witnesses to 
the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of treason, but 
no attainder of treason shall work corruption of blood or forfeiture, except dur- 
ing the life of the person attainted. 

ARTICLE IV. 

Section i. — i. Full faith and credit shall be given in each state to the public 
acts, records, and judicial proceedings of every other state. And the Congress may, 
by general laws, prescribe the manner in which such acts, records, and proceedings 
shall be proved, and the effect thereof. 

Section 2. — i. The citizens of each state shall be entitled to all privileges and 
immunities of citizens in the several scates. 

2. A person charged in any state with treason, felony, or other crime, who shall 
flee from justice, and be found in another state, shall, on demand of the executive 
authority of the state from which he fled, be delivered up, to be removed to the 
state having jurisdiction of the crime. 

3. No person held to service or labor in one state, under the laws thereof, escap- 
ing into another, shall, in consequence of any law or regulation therein, be dis- 
charged from such service or labor, but shall be delivered up on claim of the party 
to whom such service or labor may be due. 

Section 3. — i. New states may be admitted by the Congress into this Union; 
but no new state shall be formed or erected within the jurisdiction of any other 
state ; nor any state be formed by the junction of two or more states, or parts of 
states, without the consent of the legislatures of the states concerned as well as of 
the Congress. 

2. The Congress shall have power to dispose of and make all needful rules and 
regulations respecting the territory or other property belonging to the United States; 
and nothing in this Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular state. 

Section 4. — i. The United States shall guarantee to every state in this Union a 
republican form of government, and shall protect each of them against invasion ; 
and on application of the legislature, or of the executive (when the legislature 
cannot be convened), against domestic violence. 

ARTICLE V. 

I. The Congress, whenever two-thirds of both Houses shall deem it necessary, 
shall propose amendments to this Constitution, or, on the application of the legisla- 
tures of two-thirds of the several states, shall call a convention for proposing amend- 
ments, which, in either case, shall be valid, to all intents and purposes, as part of 
this Constitution, when ratified by the legislatures of three-fourths of the several 



THE UNITED STATES. Igg 

states, or by conventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress : provided that no amendment which 
may be made prior to the year one thousand eight hundred and eight shall, in any 
manner, affect the first and fourth clauses in the ninth section of the first Article ; 
and that no state, without its consent, shall be deprived of its equal suffrage in the 
Senate. 

ARTICLE VI. 

1 . All debts contracted and engagements entered into, before the adoption of this 
Constitution, shall be as valid against the United States under this Constitution as 
under the Confederation. 

2. This Constitution, and the laws of the United States which shall be made in 
pursuance thereof, and all treaties made, or which shall be made, under the author- 
ity of the United States, shall be the supreme law of the land; and the judges in 
every state shall be bound thereby, anything in the constitution or laws of any state 
to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the members of the 
several state legislatures, and all executive and judicial officers, both of the United 
States and of the several states, shall be bound, by oath or affirmation, to support 
this Constitution ; but no religious test shall ever be required as a qualification to 
any office or public trust under the United States. 

ARTICLE VII. 

I . The ratification of the conventions of nine states shall be sufficient for the estab- 
lishment of this Constitution between the states so ratifying the same. 



AMENDMENTS TO THE CONSTITUTION. 



ARTICLE I. 

Congress shall make no law respecting an establishment of religion, or prohibit- 
ing the free exercise thereof; or abridging the freedom of speech, or of the press ; or 
the right of the people peaceably to assemble, and to petition the government for a 
redress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security of a free state, the right 
of the people to keep and bear arms shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house without the consent 
of the owner; nor, in time of war, but in a manner to be prescribed by law. 



170 POLITICAL HISTORY OF 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, papers, and effects, 
against unreasonable searches and seizures, shall not be violated; and no warrants 
shall issue but upon probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the person or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise infamous, crime, un- 
less on a presentment or indictment of a grand juiy, except in cases arising in the 
land or naval forces, or in the militia, when in actual service, in time of war or public 
danger; nor shall any person be subject, for the same offence, to be twice put in 
jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a wit- 
ness against himself, nor be deprived of life, liberty, or property, without due pro- 
cess of law ; nor shall private property be taken for public use, without just com- 
pensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and 
public trial, by an impartial jury of the state and district wherein the crime shall 
have been committed, which district shall have been previously ascertained by law ; 
and to be informed of the nature and cause of the accusation ; to be confronted with 
the witnesses against him; to have compulsory process for obtaining witnesses in 
his favor ; and to have the a^ssistance of counsel for his defence. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall exceed twenty dol- 
lars, the right of trial by jury shall be preserved ; and no fact, tried by a jury, shall 
be otherwise re-examined in any court of the United States than according to the 
rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights shall not be construed to 
deny or disparage others retained by the people. 

ARTICLE X.* 

The powers not delegated to the United States by the Constitution, nor prohibited 
by it to the states, are reserved to the states respectively, or to the people. 

ARTICLE Xl.f 

The judicial power of the United States shall not be construed to extend to any 

* The first ten Amendments were proposed by Congress, September 25,1789, and declared in 
force December 15, 1791. 
t Proposed by Congress March 5, 1794, declared in force January 8, 1798. 



THE UNITED STATES. 171 

suit in law or equity commenced or prosecuted against one of the United States by 
citizens of another state, or by citizens or subjects of any foreign state. 

ARTICLE XII.* 

I. The Electors shall meet in their respective states, and vote by ballot for Presi- 
dent and Vice-President, one of whom, at least, shall not be an inhabitant of the 
same state with themselves; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice-President; and they 
shall make distinct lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for each, which lists they 
shall sign, and certify, and transmit, sealed, to the seat of the Government of the 
United States, directed to the President of the Senate ; the President of the Senate 
shall, in the presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted ; the person having the greatest 
number of votes for President shall be the President, if such number be a majority 
of the whole number of Electors appointed; and if no person have such a majority, 
then, from the persons having the highest numbers, not exceeding three, on the list 
of those voted for as President, the House of Representatives shall choose imme- 
diately, by ballot, the President. But in choosing the President, the votes shall be 
taken by states, the representation from each state having one vote ; a quorum for 
this purpose shall consist of a member or members from two-thirds of the states, and 
a majority of all the states shall be necessary to a choice. And if the House of Rep- 
resentatives shall not choose a President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next following, then the Vice-President 
shall act as President, as in case of the death, or other constitutional disability, of 
the President. 

2. The person having the greatest number of votes as Vice-President shall be the 
Vice-President, if such number be a majority of the whole number of Electors ap- 
pointed ; and if no person have a majority, then, from the two highest numbers on 
the list, the Senate shall choose the Vice-President; a quorum for the purpose shall 
consist of two-thirds of the whole number of Senators ; a majority of the whole num- 
ber shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President shall be 
eligible to that of Vice-President of the United States. 

ARTICLE XIILf 

Section i. — Neither slavery nor involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 

Section 2. — Congress shall have power to enforce this article by appropriate 
legislation. 

Proposed by Congress December 12, 1803, declared in force September 25, 1804. 
t Proposed by Congress February i, 1865, declared in force December 18, 1.865. 



172 POLITICAL HISTORY OF 

ARTICLE XIV* 

Section i. — All persons born or naturalized in the United States, and subject to 
the jurisdiction thereof, are citizens of the United States and of the state wherein 
they reside. No state shall make or enforce any law which shall abridge the privi- 
leges or immunities of citizens of the United States ; nor shall any state deprive any 
person of life, liberty, or property, without due process of law, nor deny to any per- 
son within its jurisdiction the equal protection of the laws. 

Section 2. — Representatives shall be apportioned among the several states ac- 
cording to their respective numbers, counting the whole number of persons in each 
state, excluding Indians not taxed. But when the right to vote at any election for 
the choice of electors for President and Vice-President of the United States, Repre- 
sentatives in Congress, the executive and judicial officers of a state, or the members 
of the legislature thereof, is denied to any of the male inhabitants of such state, 
being twenty-one years of age, and citizens of the United States, or in any way ab- 
ridged, except for participation in rebellion or other crime, the basis of representa- 
tion therein shall be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens twenty-one years of age in 
such state. 

Section 3. — No person shall be a Senator or Representative in Congress, or 
elector of President and Vice-President, or hold any office, civil or military, under 
the United States, or under any state, who, having previously taken an oath, as a 
member of Congress, or as an officer of the United States, or as a member of any 
state legislature, or as an executive or judicial officer of any state, to support the 
Constitution of the United States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies thereof. But Congress may, 
by a vote of two-thirds of each House, remove such disability. 

Section 4. — The validity of the public debt of the United States, authorized by 
law, including debts incurred for payment of pensions and bounties for services in 
suppressing insurrection or' rebellion, shall not be questioned. But neither the 
United States nor any state shall assume or pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United States, or any claim for the loss 
or emancipation of any slave ; but all such debts, obligations, and claims shall be 
held illegal and void. 

Section 5.— The Congress shall have power to enforce, by appropriate legisla- 
tion, the provisions of this article. 

ARTICLE XV.f 

Section i. — The right of citizens of the United States to vote shall not be denied 
or abridged by the United States or by any state on account of race, color, or pre- 
vious condition of servitude. 

Section 2. — The Congress shall have power to enforce this article by appropriate 
legislation. 

* Proposed by Congress June 16, 1866, declared in force July 28, 1868. 

t Proposed by Congress February 26, 1869, declared in force March 30, 1870. 



THE UNITED STATES. 173 

« 

Action of the Convention after Agreeing on a 

Constitution. 

In the Constitutional Convention, Monday, September 17, 1787. 

f 
Present : The States of New Hampshire, Massachusetts, Connecticut, Mr. Hamilton 

from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 

Carolina, South Carolina, and Georgia. 

Resolved, That the preceding Constitution be laid before the United States in Con- 
gress a<isembled, and that it is the opinion of this convention that it should after- 
wards be submitted to a Convention of delegates, chosen in each state by the people 
thereof, under the recommendation of its legislature, for their assent and ratification; 
and that each convention, assenting to and ratifying the same, should give notice 
thereof to the United States in Congress assembled. 

Resolved, That it is the opinion of this Convention, that as soon as the conventions 
of nine states shall have ratified this Constitution, the United States in Congress 
assembled should fix a day on which electors should be appointed by the states 
which shall have ratified the same, and a day on which the electors should assemble 
to vote for the President, and the time and place for commencing proceedings un- 
der this Constitution. That after such publication the electors should be appointed, 
and the Senators and Representatives elected; that the electors should meet on the 
day fixed for the election of the President, and should transmit their votes certified, 
signed, sealed, and directed as the Constitution requires, to the Secretary of the 
United States in Congress assembled ; and that the Senators and Representatives 
should convene at the time and place assigned ; that the Senators should appoint a 
president of the Senate, for the sole purpose of receiving, opening, and counting the 
votes for President ; and that, after he shall be chosen, the Congress, together with 
the President, should, without delay, proceed to execute this Constitution. 

By the unanimous order of the Convention. 

GEORGE V^ASHINGTON, President. 

William Jackson, Secretary, 



Washington Submits the Constitution to Congress. 
In the Constitutional Convention, September 17, 1787. 

Sir : We have now the honor to submit to the consideration of the United States 
in Congress assembled that Constitution which has appeared to us the most ad- 
visable. 

Thv- friends of our country have long seen and desired that the power of making 
war, peace, and treaties, that of levying money and regulating commerce, and the 
correspondent executive and judicial authorities should be fully and effectually 
vested in the General Government of the Union ; but the impropriety of delegating 
such extensive trust to one body of men is evident : hence results the necessity of a 
different organization. 



174 POLITICAL HISTORY. 

It is obviously impracticable, in the Federal Government of these States, to secure 
all rights of independent sovereignty to each, and yet provide for the interest and 
safety of all. Individuals entering into society must give up a share of liberty to 
preserve the rest. The magnitude of the sacrifice must depend as well on situation 
and circumstance as on the object to be obtained. It is at all times difficult to draw 
with precision the line between those rights which must be surrendered and those 
which may be reserved; and on the present occasion this difficulty was increased 
by a difference among the severaL states as to their situation, extent, habits, and par- 
ticular interests. 

In all our deliberations on this subject, we kept steadily in our view that which 
appears to us the greatest interest of every true American — the consolidation of our. 
Union — in which is involved our prosperity, felicity, safety, perhaps our national 
existence. This important consideration, seriously and deeply impressed on our 
niinds, led each state in the Convention to be less rigid on points of inferior magni- 
tude than might have been otherwise expected ; and thus the Constitution which we 
now present is the result of a spirit of amity, and of that mutual deference and con- 
cession which the peculiarity of our political situation rendered indispensable. 

That it will meet the full and entire approbation of every state is not, perhaps, to 
be expected ; but each will doubtless consider that, had her interest been alone con- 
sulted, the consequences might have been particularly disagreeable or injurious to 
others; that it is liable to as few exceptions as ':ould reasonably have been expected, 
we hope and believe ; that it may promote the lasting welfare of that country so dear 
to us all, and secure her freedom and happiness, is our most ardent wish. 

With great respect, we have the honor to be, sir, your excellency's most obedient, 
humble servants. 

By unanimous order of the Convention. 

GEORGE WASHINGTON, President. 

His Excellency the President of Congress. 



FAREWELL ADDRESS 

OF 

GEORGE WASHINGTON, PRESIDENT, 

TO THE PEOPLE OF THE UNITED STATES, September 17, 1796. 



Friends and Fellow- citizens : 

The period for a new election of a citizen to administer the Executive Govern- 
ment of the United States being not far distant, and the time actually arrived when 
your thoughts must be employed in designating the person who is to be clothed with 
that important trust, it appears to me proper, especially as it may conduce to a more 
distinct expression of the public voice, that I should now apprise you of the resolu- 
tion I have formed, to decline being considered among the number of those out of 
whom a choice is to be made. 

I beg you, at the same time, to do me the justice to be assured that this resolution 
has not been taken without a strict regard to all the considerations appertaining to 
the relation which binds a dutiful citizen to his country ; and that, in withdrawing 
the tender of service, which silence, in my situation, might imply, I am influenced 
by no diminution of zeal for your future interest ; no deficiency of grateful respect 
for your past kindness; but am supported by a full conviction that the step is com- 
patible with both. 

The acceptance of, and continuance hitherto in, the office to which your suffrages 
have twice called me, have been a uniform sacrifice of inclination to the opinion of 
duty, and to a deference for what appeared to be your desire. I constantly hoped 
that it would have been much earlier in my power, consistently with motives which 
I was not at liberty to disregard, to return to that retirement from which I had been 
reluctantly drawn. The strength of my inclination to do this, previous to the last 
election, had even led to the preparation of an address to declare it to you; but ma- 
ture reflection on the then perplexed and critical posture of our affairs with foreign 
nations, and the unanimous advice of persons entitled to my confidence, impelled 
me to abandon the idea. 

I rejoice that the state of your concerns, external as well as internal, no longer 
renders the pursuit of inclination incompatible wi*h the sentiment of duty or propri- 
ety ; and am persuaded, whatever partiality may be retained for my services, that, in 
the present circumstances of our country, you will not disapprove my determination 
to retire. 

(175) 



176 POLITICAL HISTORY OF 

The impressions with which I first undertook the arduous trust were explained on 
the proper occasion. In the discharge of this trust, I will only say, that I have with 
good intentions contributed towards the organization and administration of the Gov- 
ernment the best exertions of which a very fallible judgment was capable. Not 
unconscious in the outset of the inferiority of my qualifications, experience, in my 
own eyes — perhaps still more in the eyes of others — has strengthened the motives to 
diffidence of myself; and every day the increasing weight of years admonishes me, 
more and more, that the shade of retirement is as necessary to me as it will be wel- 
come. Satisfied, that if any circumstances have given peculiar value to my services, 
they were temporary, I have the consolation to believe that, while choice and pru- 
dence invite me to quit the political scene, patriotism does not forbid it. 

In looking forward to the moment which is intended to terminate the career of my 
public life, my feelings do not permit me to suspend the deep acknowledgment of 
that debt of gratitude which I owe to my beloved country for the many honors it has 
conferred upon me ; still more for the steadfast confidence with which it has sup- 
ported me ; and for the opportunities I have thence enjoyed of manifesting my 
inviolable attachment, by services faithful and persevering, though in usefulness 
unequal to my zeal. If benefits have resulted to our country from these services, let 
it always be remembered to your praise and as an instructive example in our annals, 
that, under circumstances in which the passions, agitated in every direction, were 
liable to mislead ; amidst appearances sometimes dubious, vicissitudes of fortune 
often discouraging; in situations. in which, not unfrequently, want of success has 
countenanced the spirit of criticism, — the constancy of your support was the essen- 
tial prop of the efforts, and a guarantee of the plans, by which they were effected. 
Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong 
incitement to unceasing vows, that Heaven may continue to you the choicest tokens 
of its beneficence ; that your union and brotherly affection may be perpetual ; that 
the free Constitution, which is the work of your hands, may be sacredly maintained ; 
that its administration, in every department, may be stamped with wisdom and vir- 
tue ; that, in fine, the happiness of the people of these States, under the auspices of 
liberty, may be made complete, by so careful a preservation and so prudent a use of 
this blessing as will acquire to them the glory of recommending it to the applause, 
the affection, and the adoption of every nation which is yet a stranger to it. 

Here, perhaps, I ought to stop ; but a solicitude for your welfare, which cannot 
end but with my life, and the apprehension of danger natural to that solicitude, urge 
me, on an occasion like the present, to offer to your solemn contemplation, and 
to recommend to your frequent review, some sentiments, which are the result of 
much reflection, of no inconsiderable observation, and which appear to me all-im- 
portant to the permanency of your felicity as a people. These will be afforded to 
you with the more freedom, as you can only see in them the disinterested warnings of 
a parting friend, who can possibly have no personal motive to bias his counsel; nor 
can I forget, as an encouragement to it, your indulgent reception of my sentiments 
on a former and not dissimilar occasion. 

Interwoven as is the love of liberty with every ligament of your hearts, no recom- 
mendation of mine is necessary to fortify or confirm the attachment. 



THE UNITED STATES. I77 

The unity of government, which constitutes you one people, is also now dear to 
you. It is justly so ; for it is a main pillar in the edifice of your real independence 
— the support of your tranquility at home, your peace abroad, of your safety, of your 
prosperity, of that very liberty which you so highly prize. But as it is easy to fore- 
see that, from different causes and from different quarters, much pains will be taken, 
many artifices employed, to weaken in your minds the conviction of this truth, as this 
is the point in your political fortress against which the batteries of internal and ex- 
ternal enemies will be most constantly and actively (though often covertly and insidi- 
ously) directed — it is of infinite moment that you should properly estimate the immense 
value of your national union to your collective and individual happiness; that you 
should cherish a Cordial, habitual, and immovable attachment to it, accustoming your- 
selves to think and speak of it as of the palladium of your political safety and pros- 
perity; watching for its preservation with jealous anxiety ; discountenancing whatever 
may suggest even a suspicion that it can, in any event, be abandoned ; and indignantly 
frowning upon the first dawning of every attempt to alienate any portion of our 
country from the rest, or to enfeeble the sacred ties which now link together the 
various parts. 

For this you have every inducement of sympathy and interest. Citizens by birth 
or choice, of a common country, that country has a right to concentrate your affec- 
tions. The name oi American, which belongs to you in your national capacity, must 
always exalt the just pride of patriotism, more than any appellation derived from local 
discriminations. With slight shades of difference, you have the same religion, man- 
ners, habits, and political principles. You have, in a common cause, fought and 
triumphed together ; the independence and liberty you possess are the work of joint 
counsels and joint efforts, of common dangers, sufferings, and successes. 

But these considerations, however powerfully they address themselves to your sen- 
sibility, are greatly outweighed by those which apply more immediately to your 
interest ; here every portion of our country finds the most commanding motives for 
carefully guarding and preserving the union of the whole. 

The North, in an unrestrained intercourse with the South, protected by the equal 
laws of a common government, finds, in the productions of the latter, great additional 
resources of maritime and commercial enterprise, and precious materials of manu- 
facturing industry. The South, in the same intercourse, benefiting by the agency of 
the North, sees its agriculture grow, and its commerce expand. Turning partly into 
its own channels the seamen of the North, it finds its particular navigation invigo- 
rated ; and while it contributes, in different ways, to nourish and increase the gen- 
eral mass of the national navigation, it looks forward to the protection of a maritime 
strength to which itself is unequally adapted. The East, in like intercourse with the 
West, already finds, and in the progressive improvement of interior communication, by 
land and water, will more and more find, a valuable vent for the commodities which 
it brings from abroad, or manufactures at home. The West derives from the East 
supplies requisite to its growth and comfort ; and what is perhaps of still greater con- 
sequence, it must, of necessity, owe the secure enjoyment of indispensable outlets 
for its own productions, to the weight, influence, and the future maritime strength 
of the Atlantic side of the Union, directed by an indissoluble community of interest 
12 



178 POLITICAL HISTORY OF 

as one nation. Any other tenure by which the West can hold this essential advan- 
tage, whether derived from its own separate strength, or from an apostate and un- 
natural connexion with any foreign power, must be intrinsically precarious. 

While, then, every part of our country thus feels an immediate and particular in- 
terest in union, all the parts combined cannot fail to find, in the united mass of 
means and efforts, greater strength, greater resource, proportionably greater security 
from external danger, a less frequent interruption of their peace by foreign nations ; 
and what is of inestimable value, they must derive from union an exemption from 
those broils and wars between themselves, which so frequently afflict neighboring 
countries, not tied together by the same government ; which their own rivalships 
alone would be sufficient to produce, but which opposite foreign alliances, attach- 
ments, and intrigues, would stimulate and imbitter. Hence, likewise, they will 
avoid the necessity of those over-grown military establishments, which, under any 
form of government, are inauspicious to liberty, and which are to be regarded as 
particularly hostile to republican liberty ; in this sense it is that your union ought to 
be considered as a main prop of your liberty, and that the love of the one ought to 
endear to you the preservation of the other. 

These considerations speak a persuasive language to every reflecting and virtuous 
mind, and exhibit the continuance of the Union as a primary object of patriotic de- 
sire. Is there a doubt, whether a common government can embrace so large a 
sphere ? Let experience solve it. To listen to mere speculation, in such a case, 
were criminal. We are authorized to hope, that a proper organization of the whole, 
with the auxiliary agency of governments for the respective subdivisions, will afford 
a happy issue to the experiment. It is well worth a fair and full experiment. With 
such powerful and obvious motives to Union, affecting all parts of our country, 
while experience shall not have demonstrated its impracticability, there will always 
be reason to distrust the patriotism of those, who, in any quarter, may endeavor to 
weaken its bands. 

In contemplating the causes which may disturb our Union, it occurs, as a matter 
of serious concern, that any ground should have been furnished for characterizing 
parties by geographical discriminations — Northern and Southern — Atlantic and 
Western : whence designing men may endeavor to excite a belief that there is a real 
difference of local interests and views. One of the expedients of party to acquire 
influence within particular districts, is to misrepresent the opinions and aims of other 
districts. You cannot shield yourselves too much against the jealousies and heart- 
burnings which spring from these misrepresentations; they tend to render alien to 
each other those who ought to be bound together by fraternal affection. The in- 
habitants of our western country have lately had a useful lesson on this head ; they 
have seen in the negotiation by the Executive, and in the unanimous ratification by 
the Senate, of the treaty with Spain, and in the universal satisfaction at that event 
throughout the United States, a decisive proof how unfounded were the suspicions 
propagated among them, of a policy in the General Government, and in the Atlantic 
States, unfriendly to their interests in regard to the Mississippi : they have been'wit- 
nesses to the formation of two treaties — that with Great Britain, and that with Spain, 
which secure to them everything they could desire in respect to our foreign rela- 



THE UNITED STATES. 179 

tions, towards confirming their prosperity. Will it not be their wisdom to rely for 
the preservation of these advantages on the Union by which they were procured ? 
Will they not henceforth be deaf to those advisers, if such there are, who would 
sever them from their brethren, and connect them with aliens ? 

To the efficacy and permanency of your Union, a Government for the whole is 
indispensable. No alliance, however strict between the parts, can be an adequate 
substitute ; they must inevitably experience the infractions and inteiTuptions which 
all alliances, in all time, have experienced. Sensible of this momentous truth, you 
have improved upon your first essay, by the adoption of a Constitution of Govern- 
ment better calculated than your former for an intimate Union, and for the efficacious 
management of your common concerns. This Government, the offspring of our 
own choice, uninfluenced and unawed, adopted upon full investigation and mature 
deliberation, completely free in its principles, in the distribution of its powers, unit- 
ing security with energy, and containing within itself a provision for its own amend- 
ment, has a just claim to your confidence and your support. Respect for its authority, 
compliance wich its laws, acquiescence in its measures, are duties enjoined by the 
fundamental maxims of true liberty. The bases of our political systems, is the right 
of the people to make and to alter their constitutions of Government: but the Con- 
stitution which at any time exists, till changed by an explicit and authentic act of 
the whole people, is sacredly obligatory upon all. The very idea of the power, and 
the right of the people to establish Government, pre-supposes the duty of every in- 
dividual to obey the established Government. 

All obstructions to the execution of the laws, all combinations and associations, 
under whatever plausible character, with the real design to direct, control, counter- 
act, or awe the regular deliberation and action of the constituted authorities, are 
destructive to this fundamental principle, and of fatal tendency. They serve to or- 
ganize faction, to give it an artificial and extraordinary force, to put in the place of 
the delegated will of the nation the will of a party, often a small but artful and 
enterprising minority of the community; and, according to the alternate triumphs 
of different parties, to make the public administration the mirror of the ill-concerted 
and incongruous projects of faction, rather than the organ of consistent and whole- 
some plans, digested by common counsels, and modified by mutual interests. 

Hov/ever combinations or associations of the above description may now and then 
answer popular ends, they are likely, in the course of time and things, to become 
potent engines, by which cunning, ambitious, and unprincipled men, will be enabled 
to subvert the power of the people, and to usurp for themselves the reins of Govern- 
ment; destroying, afterwards, the very engines which had lifted them to unjust 
dominion. 

Towards the preservation of your Government, and the permanency of your pres- 
ent happy state, it is requisite, not only that you steadily discountenance irregular 
oppositions to its acknowledged authority, but also that you resist with care the spirit 
of innovation upon its principles, however specious the pretexts. One method of 
assault may be to effect, in the forms of the Constitution, alterations which will im- 
pair the energy of the system, and thus to undermine what cannot be directly over- 
thrown. In all the changes to which you may be invited, remember that time and 



180 POLITICAL HISTORY OF 

habit are at least as necessary to fix the true character of governments as of other 
human institutions ; that experience is the surest standard by which to test the real 
tendency of the existing constitution of a country; that facility in changes, upon the 
credit of mere hypothesis and opinion, expose's to perpetual change, from the end- 
less variety of hypothesis and ppinion ; and remember, especially, that for the effi- 
cient management of your common interests, in a country so extensive as ours, a 
Government of as much vigor as is consistent with the perfect security of liberty is 
indispensable. Liberty itself will find iii such a Government, with powers properly 
distributed and adjusted, its surest guardian. It is, indeed, little else than a name, 
where the Government is too feeble to withstand the enterprises of faction, to con- 
fine each member of the society within the limits prescribed by the laws, and to 
maintain all in the secure and tranquil enjoyment of the rights of person and 
property. 

I have already intimated to you the danger of parties in the State, with particular 
reference to the founding of them on geographical discriminations. Let me now 
take a more comprehensive view, and warn you, in the most solemn manner, against 
the baneful effects of the spirit of party generally. 

This spirit, unfortunately, is inseparable from our nature, having its root in the 
strongest passions of the human mind. It exists under different shapes, in all Gov- 
ernments, more or less stifled, controlled, or repressed ; but in those of the popular 
form it is seen in its greatest rankness, and is truly their worst enemy. 

The alternate domination of one faction over another, sharpened by the spirit of 
revenge, natural to party dissension, which, in different ages and countries, has per- 
petrated the most horrid enormities, is itself a frightful despotism. But this leads, 
at length, to a more formal and permanent despotism. The disorders and miseries 
which result, gradually incline the minds of men to seek security and repose in the 
absolute power of an individual ; and, sooner or later, the chief of some prevailing 
faction, more able or more fortunate than his competitors, turns this disposition to 
the purposes of his own elevation on the ruins of public liberty. 

Without looking forward to an extremity of this kind (which, nevertheless, ought 
not to be entirely out of sight), the common and continual mischiefs of the spirit 
of party are sufficient to make it the interest and duty of a wise people to discourage 
and restrain it. 

It serves always to distract the public councils and enfeeble the public adminis- 
tration. It agitates the community with ill-founded jealousies and false alarms; 
kindles the animosity of one part against another ; foments, occasionally, riot and 
insurrection. It opens the door to foreign influence and corruption, which find a 
facilitated access to the Government itself, through the channels of "party passions. 
Thus the policy and the will of one country are subjected to the policy and will 
of another. 

There is an opinion that parties, in free countries, are useful checks upon the 
administration of the Government, and serve to keep alive the spirit of liberty. 
This, within certain limits, is probably true ; and in Governments of a monarchical 
cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. 
But in those of the popular character, in Governments purely elective, it is a spirit 



THE UNITED STATES. 181 

not to be encouraged. From their natural tendency, it is certain there will always 
be enough of that spirit for every salutary purpose. And there being constant danger 
of excess, the effort ought to be, by force of public opinion, to mitigate and assuage 
it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting 
into a flame, lest, instead of warming, it should consume. 

It is important, likewise, that the habits of thinking, in a free country, should in- 
spire caution in those intrusted with its administration, to confine themselves within 
their respective constitutional spheres, avoiding, in the exercise of the powers of 
one department, to encroach upon another. The spirit of encroachment tends to 
consolidate the powers of all the departments in one, and thus to create, whatever 
the form of Government, a real despotism. A just estimate of that love of power, 
and proneness to abuse it which predominates in the human heart, is sufficient to 
satisfy us of the truth of this position. The necessity of reciprocal checks in the 
exercise of political power, by dividing and distributing it into different depositories, 
and constituting each the guardian of the public weal, against invasions by the others, 
has been evinced by experiments, ancient and modern ; some of them in our own 
country, and under our own eyes. To preserve them must be as necessary as to in- 
stitute them. If, in the opinion of the people, the distribution or modification of the 
constitutional powers be, in any particular, wrong, let it be corrected by an amend- 
ment in the way which the Constitution designates. But let there be no change by 
usurpation; for though this, in one instance, may be the instrument of good, it is the 
customary weapon by which free Governments are destroyed. The precedent must 
always greatly overbalance, in permanent evil, any partial or transient benefit which 
the use can, at any time, yield. 

Of all the dispositions and habits which lead to political prosperity, religion and 
morality are indispensable supports. In vain would that man claim the tribute of 
patriotism, who should labor to subvert these great pillars of human happiness, 
these firmest props of the duties of men and citizens. The mere politician, equally 
with the pious man, ought to respect and to cherish them. A volume could not 
trace all their connexions with private and public felicity. Let it simply be asked, 
where is the security for property, for reputation, for life, if the sense of religious 
obligation desert the oaths which are the instruments of investigation in courts of 
justice? And let us with caution indulge the supposition, that morality can be 
maintained without religion. Whatever may be conceded to the influence of 
refined education on minds of peculiar structure, reason and experience both for- 
bid us to expect that natural morality can prevail in exclusion of religious prin- 
ciples. 

It is substantially true, that virtue or morality is a necessary spring of popular 
Government. The rule, indeed, extends with more or less force to every species of 
free Government. Who, that is a sincere friend to it, can look with indifference 
upon attempts to shake the foundation of the fab^ric ? 

Promote, ^en, as an object of primary importance, institutions for the general 
diffusion of knowledge. In proportion as the structure of a Government gives force 
to public opinion, it is essential that public opinion should be enlightened. 

As a very important source of strength and security, cherish public credit. One 



182 POLITICAL HISTORY OF 

method 6f preserving it is to use it as sparingly as possible ; avoiding occasions of 
expense by cultivating peace, but remembering also that timely disbursements to 
prepare for danger, frequently prevent much greater disbursements to repel it ; avoid- 
ing, likewise, the accumulation of debt, not only by shunning occasions of expense, 
but by vigorous exertions in time of peace to discharge the debts which unavoidable 
wars may have occasioned ; not ungenerously throwing upon posterity the burden 
which we ourselves ought to bear. The execution of these maxims belongs to your 
representatives, but it is necessary that public opinion should co-operate. To facili- 
tate to them the performance of their duty, it is essential that you should practically 
bear in mind, that towards the payment of debts there must be revenue ; that to have 
revenue there must be taxes ; that no taxes can be devised which are not more or 
less inconvenient and unpleasant; that the intrinsic embarrassment inseparable from 
the selection of the proper objects (which is always a choice of difficulties) ought to 
be a decisive motive for a candid construction of the conduct of the Government in 
making it, and for a spirit of acquiescence in the measures for obtaining revenue, 
which the public exigencies may at any time dictate. 

Observe good faith and justice towards all nations; cultivate peace and harmony 
with all; religion and morality enjoin this conduct ; and can it be that good policy 
does not equally enjoin it? It will be worthy of a free, enlightened, and, at no dis- 
tant period, a great nation, to give to mankind the magnanimous and too novel ex- 
ample of a people always guided by an exalted justice and benevolence. Who can 
doubt that, in the course of time and things, the fruits of such a plan would richly 
repay any temporary advantages which might be lost by a steady adherence to it? 
Can it be that Providence has not connected the permanent felicity of a nation with 
its virtue ? The experiment, at least, is recommended by every sentiment which 
ennobles human nature. Alas ! is it rendered impossible by its vices ? 

In the execution of such a plan, nothing is more essential than that permanent 
inveterate antipathies against particular nations, and passionate attachments for 
others, should be excluded; and that, in place of them, just and amicable feelings 
towards all should be cultivated. The nation which indulges towards another an 
habitual hatred, or an habitual fondness, is, in some degree, a slave. It is a slave 
to its animosity or to its affection ; either of which is sufficient to lead it astray from 
its duty and its interest. Antipathy in one nation against another, disposes each 
more readily to offer insult and injury, to lay hold of slight causes of umbrage, and 
to be haughty and intractable, when accidental or trifling occasions of dispute occur. 
Hence frequent collisions, obstinate, envenomed, and bloody contests. The nation, 
prompted by ill will and resentment, sometimes impels to war the Government, 
contrary to the best calculations of policy. The Government sometimes participates 
in the national propensity, and adopts, through passion, what reason would reject; 
at other times it makes the animosity of the nation subservient to projects of hostility, 
instigated by pride, ambition, and other sinister and pernicious motives. The 
peace often, sometimes perhaps the liberty, of nations has been the victinft. 

So, likewise, a passionate attachment of one nation to another produces a variety 
of evils. Sympathy for the favorite nation, facilitnting the illusion of an imaginary 
common interest, in cases where no real common interest exists, and infusing into 



THE UNITED STATES. Ig3 

one the enmities of the other, betrays the former into a participation in the quarrels 
and wars of the latter, without adequate inducement or justification. It leads also 
to concessions to the favorite nation of privileges denied to others, which is apt 
doubly to injure the nation making the concessions; by unnecessarily parting with 
what ought to have been retained, and by exciting jealousy, ill will, and a disposi- 
tion to retaliate, in the parties from whom equal privileges are withheld ; and it * 
gives to ambitious, corrupted, or deluded citizens (who devote themselves to the 
favorite nation) facility to betray, or sacrifice the interest of their own country, with- 
out odium; sometimes even with popularity; gilding with the appearance of a vir- 
tuous sense of obligation, a commendable deference for public opinion, or a laudable 
zeal for public good, the base or foolish compliances of ambition, corruption, or 
infatuation. 

As avenues to foreign influence in innumerable ways, such attachments are par- 
ticularly alarming to the truly enlightened and independent patriot. How many 
opportunities do they afford to tamper with domestic factions, to practise the art of 
seduction, to mislead public opinion, to influence or awe the public councils ! Such 
an attachment of a small or weak, towards a great and powerful nation, dooms the 
former to be the satellite of the latter. 

Against the insidious wiles of foreign influence (I conjure you to believe me, 
fellow-citizens) the jealousy of a free people ought to be constantly awake ; since 
history and experience prove that foreign influence is one of the most baneful foes 
of republican Government, But that jealousy, to be useful, must be impartial; else 
it becomes the instrument of the very influence to be avoided, instead of a defence 
against it. Excessive partiality for one foreign nation, and excessive dislike for 
another, cause those whom they actuate to see danger only on one side, and serve 
to veil, and even second, the arts of influence on the other. Real patriots, who may 
resist the intrigues of the favorite, are liable to become suspected and odious ; while 
its tools and dupes usurp the applause and confidence of the people to surrender 
their interests. 

The great rule of conduct for us, in regard to foreign nations, is, in extending our 
commercial relations, to have with them as little political connexion as possible. So 
far as we have already formed engagements, let them be fulfilled with perfect good 
faith. Here let us stop, 

Europe has a set of primary interests, which to us have none, or a very remote 
relation. Hence she must be engaged in frequent controversies, the causes of which 
are essentially foreign to our concerns. Hence, therefore, it must be unwise in us 
to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, 
or the ordinary combinations and collisions of her friendships or enmities. 

Our detached and distant situation invites and enables us to pursue a different 
course. If we remain one people, under an efficient Government, the period is not 
far off when we may defy material injury from external annoyance ; when we may take 
such an attitude as will cause the neutrality we may at any time resolve upon, to be 
scrupulously respected; when belligerent nations, under the imp >ssibiiity of making 
acquisitions upon us, will not lightly hazard the giving us provoc tion ; when we may 
choose peace or war, as our interest, guided by justice, shall counsel. 



184 POLITICAL HISTORY OF 

"Why forego the advantages of so peculiar a situation ? Why quit our own to 
stand upon foreign ground ? Why, by interweaving our destiny w^ith that of any 
part of Europe, entangle our peace and prosperity in the toils of European ambition, 
rivalship, interest, humor, or caprice ? 

It is our true policy to steer clear of permanent alliances with any portion of the 
foreign world; so far, I mean, as we are now at liberty to do it; for let me not be 
understood as capable of pi tronising infidelity to existing engagements. I hold the 
maxim no less applicable to public than to private affairs, that honesty is al"ways 
the best policy. I repeat it, therefore, let those engagements be observed in their 
genuine sense. But, in my opinion, it is unnecessary, and would be unwise to ex- 
tend them. 

Taking care always to keep ourselves, by suitable establishments, on a respectable 
defensive posture, we may safely trust to temporary alliances for extraordinary 
emergencies. 

Harmony, and a liberal intercourse with all nationis, are recommended by policy, 
humanity, and interest. But even our commercial policy should hold an equal and 
impartial hand ; neither seeking nor granting exclusive favors or preferences ; con- 
sulting the natural course of things ; diffusing and diversifying, by gentle means, the 
streams of commerce, but forcing nothing; establishing, with powers so disposed, in 
order to give trade a stable course, to define the rights of our merchants, and to en- 
able the Government to support them, conventional rules of intercourse, the best 
that present circumstances and mutual opinions will permit, but temporary, and 
liable to be, from time to time, abandoned or varied, as experience and circum- 
stances shall dictate ; constantly keeping in view, that it is folly in one nation to look 
for disinterested favors from another ; that it must pay, with a portion of its inde- 
pendence, for whatever it may accept under that character; that by such acceptance 
it may place itself in the condition of having given equivalents for nominal favors, 
and yet of being reproached with ingratitude for not giving more. There can be 
no greater error than to expect, or calculate upon, real favors from nation to na- 
tion. It is an illusion which experience must cure, which a just pride ought to 
discard. 

In offering to you, my countrymen, these counsels of an old and affectionate 
friend, I dare not hope they will make the strong and lasting impression I could 
wish ; that they will control the usual current of the passions, or prevent our nation 
from running the course which has hitherto marked the destiny of nations ; but if I 
may even flatter myself that they may be productive of some partial benefit, some 
occasional good ; that they may now and then recur to moderate the fury of party 
spirit, to warn against the mischiefs of foreign intrigues, to guard against the impos- 
tures of pretended patriotism ; this hope will be a full recompense for the solicitude 
for your welfare by which they have been dictated. 

How far, in the discharge of my official duties, I have been guided by the prin- 
ciples which have been delineated, the public records, and other evidences of my 
conduct, must witness to you and the world. To myself, the assurance of my own 
conscience is, that I have at least believed myself to be guided by them.. 

In relation to the still subsisting war in Europe, my proclamation of the 22d of 



THE UNITED STATES. 185 

April, 1793, is the index to my plan. Sanctioned by your approving voice, and 
by that of your Representatives in both Houses of Congress, the spirit of that meas- 
ure has continually governed me, uninfluenced by any attempts to deter or divert me 
from it. 

After deliberate examination, with the aid of the best lights I could obtain, I 
was well satisfied that our country, under all the circumstances of the case, had a 
right to take, and was bound in duty and interest to take, a neutral position. Hav- 
ing taken it I determined, as far as should depend upon me, to maintain it with 
moderation, perseverance, and firm.ness. 

The considerations which respect the right to hold this conduct, it is not neces- 
sary on this occasion to detail. I will only observe, that, according to my under- 
standing of the matter, that right, so far from being denied by any of the belligerent 
powers, has been virtually admitted by all. 

The duty of holding a neutral conduct may be inferred, without any thing more, 
from the obligation which justice and humanity impose on every nation, in cases in 
which it is free to act, to maintain inviolate the relations of peace and amity towards 
other nations. 

The inducements of interest, for observing that conduct, will best be referred to 
your own reflections and experience. With me, a predominant motive has been to 
endeavor to gain time to our country to settle and mature its yet recei\t institutions, 
and to progress, without interruption, to that degree of strength and consistency 
which is necessary to give it, humanly speaking, the command of its own fortunes. 

Though in reviewing the incidents of my administration, I am unconscious of in- 
tentional error ; 1 am, nevertheless, too sensible of my defects not to think it prob- 
able that I may have committed many errors. Whatever they may be, I fervently 
beseech the Almighty to avert or mitigate the evils to which they may tend. I shall 
also carry with me the hope, that my country will never cease to view them with 
indulgence ; and that, after forty-five years of my life dedicated to its service with 
an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as 
myself must soon be to the mansions of rest. 

Relying on its kindness in this, as in other things, and actuated by that fervent 
love towards it which is so natural to a man who views in it the native soil of him- 
self and his progenitors for several generations, I anticipate, with pleasing expecta- 
tion, that retreat in which I promise myself to realize, without alloy, the sweet en- 
joyment of partaking, in the midst of my fellow-citizens, the benign influence of 
good laws under a free Government — the ever fayorite object of my heart — and the 
happy reward, as I trust, of our mutual cares, labors, and dangers. 

GEORGE WASHINGTON. 
United States, I'jth September ^ 1796. 




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OUR PLAN OF GOVERNMENT; i 

THE THREE GREAT BRANCHES ; FULL DESCRIPTION 
OF EACH BRANCH; ALL THE DEPARTMENTS AT 
WASHINGTON; ENTIRE GOVERNMENT MACHINERY. 

HE THREE GREAT BRANCHES.— Our government 
is divided by the Constitution into three distinct branches 
or departments, the Legislative, the Executive, and the 
Judicial. The existence of these departments is neces- 
sary for the energy and stability of the government. 
Their separation is necessary for the preservation of public lib- 
erty and private rights. When they are all united in one person 
or one body of men, that government is a despotism. The first 
resolution adopted by the Convention which framed the Con- 
stitution was that " a national government ought to be established 
consisting of a supreme legislative , judiciary and executive !' 

THE LEGISLATIVE DEPARTMENT. 

This department consists of the Senate and the House of 
Representatives, and these two are called the Congress. The 
Senate is sometimes called the Upper House, and the House of 
Representatives the Lower House. The latter is also known as 
"the House," in contrast to "the Senate." In the Constitution 
they are spoken of as " each House," the " two Houses," " both 
Houses." The Constitution gives to the Congress the power to 
make all laws, and withholds that power from the other depart- 
ments. It is a representative body, and is supposed to do what the 
people would do if they were assembled in deliberative meeting to 

187 



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The Bronze Door in the Capitol Commemorating the events in the 
Life of Christopher Columbus. 
188 



POLITICAL HISTORY. 189 

enact laws for their government. The Congress meets in regular 
session, according to the Constitution, on the first Monday in 
December, each year ; but the President may call extra sessions 
when necessary. The two Houses not only meet on the same 
day, but neither can adjourn without the consent of the other for 
more than three days at a time, nor to any other place than that 
of regular meeting, now the capitol at Washington. The Presi- 
dent may however change the place of meeting to avoid plague 
or other danger. Congresses themselves run by odd years, like 
the administrations. The 50th Congress met in first regular 
session Dec. (ist Monday), 1887. This first session of any Con- 
gress is called " the long session." It may end at any time dur- 
ing the next year, prior to December. The " long session " 
usually runs to July or August of an even year. The second 
session of a Congress is called the " short session." It meets in 
December of an even year and ends by limitation on March 3d 
of an odd year. Thus elections for President and for Congress- 
men occur in even years. Administrations and Congresses 
begin and end in odd years. 

THE SENATE. — This branch or House of Congress is com- 
posed of two Senators from each State. There are now thirty- 
eight States. Multiply 38 by 2 and you have the number of 
United States Senators. It seems somewhat unfair that a large 
and populous State like New York should have no greater 
representation in the National Senate than small States like 
Delaware and Rhode Island. But this result was one of the 
necessary compromises of the Constitution. The Senate is built 
on the theory of State representation, the House of Representa- 
tives on the theory of popular or people representation. Senators 
are elected for six years. No man can be a Senator who is not 
thirty years old, who has not been a citizen of the United States 
for nine years, and who is not an inhabitant of the State for 
which he is chosen. 

The Senate is regarded as a more dignified and honorable 
body than the House of Representatives. Its very name (from 
senatus, which is from senex, old) presumes an older and graver 
membership. It is further removed from the populace. It does 



190 POLITICAL HISTORY. 

not need to represent the fickle will of the masses, but the higher 
and more deliberative wish of the .States, which are its constit- 
uency. As a law-making branch of the Congress it is equal 
with the House, except that it cannot originate bills * for raising 
revenue. Revenue bills must, according to the Constitution, 
originate in the House of Representatives. f No bill can become 
a law till it has received the approval of a majority in both 
Houses, and been approved by the President. 

The Senate has powers beyond those which are purely legisla- 
tive, and is therefore stronger in this respect than the lower 
House. It is a part of the Executive branch for the purpose of 
making appointments to office. All executive nominations for 
office must be approved by the Senate before they are final. 
The Senate may reject such nominations and compel the Presi- 
dent to send in other names. When the Senate is sitting to de- 
liberate on the President's nominations it is said to be in Execu- 
tive session. So the Senate in connection with the President 
constitutes the Treaty-making power of the government. When 
the Senate is sitting to deliberate on Treaties or other delicate 
matters it is said to be in " secret session." Further the Senate 
is the court before which impeachment cases are heard and by 
which they are determined. The Vice-President of the United 
States is the presiding officer of the Senate, but has no vote ex- 
cept when there is a tie. This presiding officer is called the 
President of the Senate. If the Vice-President should die or 
his seat be vacant for any cause, the Senate elects a President 
from its own members. As a matter of fact the Senate is never 

^ An act when first presented to either House and up until the time of its passage 
is called a " bill." After its passage it is an "act" or "law." Acts M^hich are 
merely declarative of the intent of either House and binding on it, but which do not 
bear directly on the people at large, are called " Resolutions; " if passed by both 
Houses and binding on both they are called " Joint Resolutions." 

f The jurisdiction of the two Houses over this point gives rise to frequent contro- 
versies. During the 2d session of 47th Congress the Senate originated, debated and 
passed a Tariff bill on its own account. This proceeding was objected to by the 
House, but as the final bill (the act of March 3, 1883) was the result of a confer- 
ence of both Houses, much time w^as saved by the Senate action and no harm was 
done. 



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192 POLITICAL HISTORY OF 

without a President pro tern., that officer being important as a 
possible President of the United States, in case of the death, resig- 
nation, removal or disability of both President and Vice-President. 
A two-third vote of all the Senators present is required to ratify 
a treaty or convict a person impeached. 

ELECTION OF SENATORS.— The place at which United 
States Senators shall be chosen must be determined by the 
States. This place, usually the State Capitol, cannot be changed 
by the Congress. But the Congress may fix the time and manner 
of electing Senators. It has done so. When a vacancy is about 
to exist by reason of expiration of a senatorial term, the State 
Legislature chosen next preceding such vacancy must, on the 
second Tuesday after its meeting, proceed to elect a Senator in 
Congress. 

Each branch of the Legislature selects, by a majority of all 
the viva voce votes cast, a candidate for Senator. The next day 
after the above-named second Tuesday at 12 M., both Houses 
meet in joint assembly. If it is found they have both nominated 
the same candidate, he shall be declared the Senator. If they 
have not, then the two Houses shall sit in joint assembly, meet- 
ing each day at 12 m., and casting at least one vote daily, till a 
Senator is chosen by a majority of the votes of said joint 
assembly, cast viva voce, a majority of both Houses being 
present. 

Vacancies by death or resignation are filled in the same 
way by the first Legislature which meets, finding such vacancy. 

The Governor of the State certifies such election, under the 
seal of the State and signed by his Secretary of State, to the 
President of the Senate of the United States. Both the Senate and 
House of Representatives are the final judges of the qualifications 
of their own members. In the first Senate one-third of the mem- 
bers were selected by lot for two years, another third for four, an- 
other third for six. This was to give effect to the clause in the 
Constitution making one-third of the Senate elective every two 
years. 

SENATE MACHINERY.— The Senate employs for its com- 
fortable working a Secretary of the Senate at a salary of $4.,'S>g6 ; 



THE UNITED STATES. I93 

a Chief Clerk, ^3,000; a Librarian; and a corps of regular 
clerks, committee clerks, pages, pasters and folders, numbering 
quite one hundred. 

HOUSE OF REPRESENTATIVES.— Known also as " The 
Lower House " and as the " House." It is equal and co-ordi- 
nate with the Senate as a branch of Congress, but has the sole 
power to originate revenue bills, and to move in cases of im- 
peachment. Its bill of impeachment is like the bill of indict- 
ment found by a grand jury, and is tried before the Senate sit- 
ting as a court. Bills and resolutfons pass in the House, as 
in the Senate, by a majority. Though the Senate and House 
make the Congress, a custom has grown up of designating the 
members of the House as M. C.'s (Members of Congress) and 
members of the Senate as Senators. 

ELECTION OF M OS.— A member of the House must 
be twenty-five years of age, a citizen of the United States for 
seven years, and an inhabitant of the State in which he is chosen. 
He is elected for two years, and by the qualified electors in each 
State. His salary like that of Senator is $5,000 per year.* 

The Congress fixes the number of members of the House 
after each decennial census, as required by the Constitution. 
Its act to this effect generally goes into operation on the third 
of March of the third year after the census. Thus the act for 
this purpose after the census of 1880 went into effect on and 
after March 3, 1883. The Congress enacted, Feb. 25, 1882, that, 
until another act after another census, the number of members 
of the House should be 325. This number was then divided 
among the States in proportion to their population. It was 

*The salary of a Congressman was $S per day up to 1856. From that time to 
1866 it was $3,000 per year. It remained at this figure till act of March 3, 1873, 
increased it to $7,500 per year. This act increased the President's salary from $25,- 
000 to $50,000, and made a general increase of salaries among Department 
officers. It was very unpopular and was followed by the act of Jan. 20, 1874, re- 
du'^ing the salary of Congressmen to $5,000. It made material reductions in all 
the raised salaries. The President's salary remained at $50,000, In addition to 
$5,000 per year members of Congress (Senators and M. C.'s) are entitled to mile- 
age. This has always remained at forty cents a mile, on the principle, be it charit- 
ably supposed, that they all go to the capitol by stage-coach as of yore. 
13 



194 



POLITICAL HISTORY. 



found that each State was entitled to the following number of 
members : 

MEMBERS OF HOUSE OF REPRESENTATIVES 

As Apportioned {after March 3, 1883) Under Census of 1 880. 



Alabama 8 

Arkansas 5 

Calilornia 6 

Colorado I 

Connecticut 4 

Delaware i 

Florida 2 

Georgia 10 

Illinois 20 

Indiana 13 

Iowa II 

Kansas 7 

Kentucky 1 1 

Louisiana 6 

Maine 4 

Maryland 6 

Massachusetts 12 

Michigan 1 1 

Minnesota 5 



Mississippi 7 

Missouri 14 

Nebraska 3 

Nevada I 

New Hampshire 2 

New Jersey 7 

New York 34 

North Carolina 9 

Ohio 21 

Oregon I 

Pennsylvania 28 

Rhode Island 2 

South Carolina 7 

Tennessee lo 

Texas II 

Vermont 2 

Virginia lO 

West Virginia 4 



Wisconsin 9 

Total 325 

Quota for a Representative 1 54,325 

This act is called the apportionment act,* though the final 
work of apportionment is left to the States, each of which is 
required to divide itself into as many Congressional districts of 
contiguous territory, and containing as nearly as may be the 
number of inhabitants ascertained to be a quota or ratio, as the 
Congress has assigned to each. Thus by the above table New 
York has thirty-four members of Congress between the years 
1883 and 1893, under the census of 1880. Her Legislature must 

* The first api:)ortionment was made by the Convention which framed the Consti- 
tution. It gave to N. H. 3 ; Mass. 8; R. I. i ; Conn. 5 ; N. Y. 6; N. J. 4; Pa. 8; 
Del. I ; Md. 6 ; Va. lO; N, C. 5 ; S. C. 5 ; Ga. 3, or 65 in all. The ratio of represen- 
tation was 30,000. After the census of 1790, the act of 1792 fixed the ratio at 33,- 
000; the act of 1803 left it at 33,000; the act of 1811 at 35,000; the act of 1822 at 
40,000; the act of 1832 at 47,700; the act of 1842 at 70,680. Up to this time the 
apportionment acts only fixed a ratio of representation. The number of members 
was ascertained by dividing this ratio into the total population. But the act of 1852 
fixed instead the number of members of the 'House at 233, leaving the ratio to be 
ascertained by dividing 233 into the population of 1850. This made the ratio 
93,423. And so the ratio after i860 was 127,381 ; after 1870, 131,425; and after 
iSSo, as above. 




196 



196 POLITICAL HISTORY OF 

divide the State into thirty-four Congressional districts, each of 
which is to contain as nearly as may be 154,325 inhabitants. 
To get at the electoral vote of each State you must add the two 
Senators to the number of Representatives in the House. If a 
Congressional election takes place in a State before it has made 
its apportionment, and said State shall be entitled to one or more 
members of Congress than it had under the previous apportion- 
ment, the additional member or members may, for the time 
being, be elected on the general State ticket as " Members of 
Congress at Large." 

The States formerly voted for Congressmen at their annual 
State elections, no matter when they came off Now, under an 
act of Congress (March 3, 1875) prescribing a "uniform time 
for holding Congressional elections," they are all required to 
hold them on the *' Tuesday next after the first Monday in No- 
vember," of every second year, and all will do so as soon as they 
can amend their Constitutions to that effect. 

ORGANIZATION OF THE HOUSE.— ThQ chief officer 
of the House is called the Speaker. He is elected by the mem- 
bers, at the beginning of each Congress. His election is a 
necessary part of organization. His compensation is ;^8,ooo, 
because his duties are more arduous than those of the average 
member, and his knowledge of parliamentary law and usages 
supposed to be greater. He may become President, for should 
there be no President, nor Vice-President, nor President of the 
Senate pro tern., the Speaker of the House becomes Acting Pres- 
ident. 

The most important officer of the House, after the Speaker, is 
the Clerk of the House, salary ;^4,500. Indeed, it would not be 
amiss to call him the most important officer of the House, for 
upon him devolves the duty of preparing a list of the members 
elected to each Congress, and only the members on this list are 
entitled to participate in the work of organization. If names are 
wrongfully omitted, the matter must be settled by regular hearing 
before the House, or a Committee on Elections, under the rule 
that each House is the judge of the qualification of its own 
members. 



THE UNITED STATES. 197 

TERRITORIAL DELEGATES— ^d.c\i organized Territory 
is entitled to a representative in Congress (two, if the population 
warrants, though generally Territories become States by that 
time), elected by the qualified electors thereof, the same as 
Members of Congress. This Territorial representative is called 
a Delegate. He is entitled to join in debate but cannot vote. 
His pay is ;^5,ooo per year and mileage. 

HOUSE MACHINERY.— ThQ House machinery is more 
elaborate than that of the Senate. The Clerk of the House has 
a large corps of assistants, as has the Sergeant-at-Arms. The 
reading clerks, committee clerks, post-office clerks, library em- 
ployes, door-keepers, messengers, pasters and folders, etc., num- 
ber from 250 to 300. 

MAKING LA 1^5.— Both Houses rely largely on their Com- 
mittees to prepare bills and resolutions, before they are presented 
for discussion and final passage. These Committees are very 
numerous, and are organized presumably with reference to their 
fitness for the subjects referred to them. After the Speaker of 
the House is elected, his first important business is to appoint 
the Standing Committees of the House. The President of the 
Senate does the same for the Senate, at the opening of each new 
Congress. When a bill is introduced, it is read for the informa- 
tion of the members. If it is not opposed or rejected, it is said 
to be passed to a second reading, which may be the next or some 
subsequent day. On that second reading the question comes up 
shall it be committed to one of the above Standing Committees, 
the subject of the bill suggesting the proper Committee. Some- 
times the nature of the bill is such as to require its reference to 
a special or select Committee. When bills of great moment are 
under discussion, the House resolves itself into a Committee of 
the Whole, on account of the greater freedom of debate then 
allowed. After the Committee to which a bill has been referred 
are done deliberating on it, it is reported back to the House 
either adversely or favorably, and with or without amendments. 
Then the question is on its engrossment (copying in a fair hand) 
for third reading. After being engrossed (if it has been so 
ordered), it is read a third time and the question is on its pas- 



198 POLITICAL HISTORY. 

sage. If passed, it is signed by the presiding officer and sent to 
the other House, where it goes through the same routine. 
Sometimes amendments are added on its passage. If so, it is 
sent back to the House where it originated. If these are agreed 
to, it is repassed there. If not, and the bill is important, the dis- 
agreement between the two Houses is settled, if possible, in what 
is called a Committee of Conference ; that is, a Committee com- 
posed of members from both Houses. This Committee reports 
to both Houses the results of its deliberations, and if in the 
shape of a bill, it is again on its final passage in both Houses as 
before. When passed by both Houses, it is sent to the Presi- 
dent. If he approves it, he signs it, and then it is law. If he 
does not approve it, he sends it back to the House in which it 
originated, with his veto message, where the question is, " Shall 
it pass notwithstanding the President's veto ? " Unless it is sus- 
tained by a vote of two-thirds of both Houses it cannot become 
a law over the veto. If so sustained it becomes law in spite of 
the veto. The President has ten days in which to consider a 
bill before he signs or vetoes it. Many bills are crowded on the 
President within ten days of the adjournment of Congress. 
Those he favors he returns with his approval in time, and so 
with those he does not favor, if he wishes his reasons for a 
veto to become public. But sometimes he does not return the 
bill at all in time for adjournment, and thus kills it. This is 
called the " pocket veto," the bill being in the President's pocket, 
as it were. It is not regarded as a very manly way of exercising 
the veto power, but must be excused sometimes to rush of busi- 
ness during the closing days of a session. Resolutions and 
Joint Resolutions follow the routine of Bills. 

CONGRESSIONAL LIBRARY.— An act of April 24, 1800, 
appropriated ;^5,ooo to buy necessary books for Members of the 
Congress. Act of Jan, 26, 1802, organized The Library of 
Congress, located it in a room previously occupied by the 
House of Representatives, created the office of Librarian, made 
him appointive by the President, and limited the use of books to 
Members of Congress and the Departments. Up to 18 14 there 
were only 3,000 volumes in the library. It was burned Aug. 25, 




Bronze Door in the National Capitol Connnnemorating the Events of the 
Life of George Washington. 

199 



200 POLITICAL HISTORY OF 

1 8 14, with the capitol, by the British. In September, 1 8 14, Jef- 
ferson offered his library of 6,700 volumes, as the nucleus of a 
new lib-rary of Congress, at cost. It was accepted, and the sum 
of ;^23,950 paid for it. In 18 18 the annual appropriation to the 
Library was raised to ;^2,ooo a year, and in 1824 to ;^ 5, 000 a 
year. This year it was moved to the central capitol. In 185 1 
it had 55,000 volumes, and again met with a loss by fire of 
35,000 volumes. Starting aiiew, Congress rebuilt a fire-proof 
hall for ^75,000, and appropriated ;^75,ooo to buy books. By 
i860 it contained 75,000 volumes, on an annual appropriation of 
;^7,ooo. This was increased to ;^ 10,000 in 186 1. In 1866 it re- 
ceived the 40,000 volumes of the Smithsonian Institute. In 
1867 the Force library was purchased at a cost of ;g 100,000. It 
contained 60,000 books and articles. 

The Law Department of the Library was constituted by act 
of July 14, 1832. Under an annual appropriation of ;^2,ooo a 
year it has grown from 2,011 volumes to 35,000. 

By act of July 8, 1 870, the granting of copyrights was centered 
in the office of the Librarian of Congress, where two copies of 
each publication entered for copyright must be deposited. This 
has brought an annual addition of 25,000 books, maps, and other 
articles, in duplicate. In January, 1880, the library contained 
365,000 volumes and 120,000 pamphlets, and in 1883, 513,441 
volumes and 165,000 pamphlets. The catalogue alone fills four 
royal octavo volumes. Measures are now being taken to erect 
a new building, which is much needed, the capacity of the 
present one being wholly inadequate. Expenditure for the 
Library is under control of a joint committee of both Houses 
of Congress. The same committee have control of the Botanical 
Garden, which supplies plants, seeds and flowers to Members of 
Congress for public distribution and personal use. 

PUBLIC PRINTING OFFICE.— \]nx:i\ i860 the govern- 
ment hired men to do its printing, and each House employed a 
printer. The expense got to be so enormous that Congress 
authorized a Government Printing Office, and appropriated 
;^ 1 50,000 to start it. It was placed under the management of a 
Superintendent of Public Printing, or the Public Printer, whose 



THE UNITED STATES. 201 

•alary is ^3,600. This officer is selected by Congress. He has 
power to purchase all necessary material and employ ample 
help. He must report to Congress each session the work done, 
the expense incurred, the number of hands employed, the full 
and exact condition of the establishment. The office is now the 
largest and best appointed in the world. It prints and binds all 
public books and papers, except where otherwise ordered. The 
number of these is simply enormous, and many of them of very 
little use. The force employed consists of six clerks, and some 
1,500 hands. The cost of work done in the office must not ex- 
ceed that of private printing offices in Washington. 

THE EXECUTIVE DEPARTMENT. 

The language of the Constitution is. Art. II. Sec. i : " The 
executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of 
four years, and, together with the Vice-President, chosen for the 
same term, be elected as follows." 

Before showing how he is elected let it be said that he is 
sometimes called " The Executive," and " The Chief Magistrate 
of the Nation." The Congress (Legislative Branch) legislates, 
that is, makes the laws ; the President (Executive Branch) exe- 
cutes or enforces the laws ; the Supreme, Circuit and District 
Courts (Judicial Branch) adjudge, expound, interpret, pronounce, 
and, with the civic machinery at their command, also execute 
the laws. 

PRESIDENT-MAKING.— Th^ people do not vote directly 
for the President and Vice-President but for Presidential electors, 
whose number in each State is equal to the number of the 
representatives (Senators and M. C.'s) in the Congress from that 
State.* The President must be thirty-five years of age and a 
native of the United States. At first the political parties desig- 

* At first the Legislatures of the respective States generally made choice of the 
electors. This was gradually abandoned, and by 1824 most of the States used the 
popular vote. In 1828 the popular vote of the States became an element of com- 
putation. South Carolina retained the method of electing electors by her Legisla- 
ture till 1868. This word elector is misleading. Any qualified voter is an elector, 
But it is in the Constitution and besides has the sanction of long custom. 



202 



POLITICAL HISTORY. 



nated their candidates for President in Congressional Caucus. 
This method began to give way to the modern system of Na- 
tional Nominating Conventions with a platform of principles 
about 1832-36. The first four Presidential elections were con- 
ducted under Art. II., Sec. i, Clause 3, of the Constitution, which 
did not require a separate nomination for Vice-President, but 
that each elector should vote for two persons, not from the same 
State, the one having the highest number of votes to be Presi- 
dent, the one having the next highest to be Vice-President. In 
the election of 1806, Jefferson and Burr had each 73 votes, and 
the contest had to be settled in the House. At the previous 
election of 1796, John Adams, Federal, had 71 votes, Thomas 
Jefferson, Republican, 68 votes. Here was a President of one 
party, and a Vice-President of another. It was evident that 
the clause was defective, and it was amended in 1804 by the 
adoption of the 12th Amendment. 

PRESIDENTIAL ELECTORS.—'' Each State shall appoint, 
in such manner as the Legislature thereof may direct, a number 
of electors, equal to the whole number of Senators and Repre- 
sentatives to which the State may be entitled in the Congress ; 
but no Senator, or Representative, or person holding an office 
of trust or profit under the United States shall be appointed an 
elector," Cons. Art. II., Sec. i. Clause 2. 

THE ELECTORAL COLLEGE.— Und^x the above article, 
and the apportionment in accordance with the Census of 1880, the 
Electoral Colleges of the respective States contain electors, as 
follows : 



Alabama lo 

Arkansas 7 

California 8 

Colorado 3 

Connecticut 6 

Delaware 3 

Florida 4 

Georgia 12 

Illinois 22 

Indiana 15 

Iowa 13 

Kansas 9 

Kentucky 13 

Louisiana 8 

Maine 6 



Maryland 8 

Massachusetts.. 14 

Michigan 13 

Minnesota 7 

Mississippi 9 

Missouri 16 

Nebraska 5 

Nevada 3 

New Hampshire 4 

New Jersey 9 

New York 36 

North Carolina 11 

Ohio 23 

Oregon 3 

Pennsylvania 30 



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203 



204 POLITICAL HISTORY OF 



Rhode Island » . . . 4 

South Carolina 9 

Tennessee 12 

Texas . . , 13 



Vermont 4 

Virginia 12 

West Virginia 6 

Wisconsin 11 

Total 401 

Requiring, as between two candidates, 201 to elect. 



CHOOSING OF ELECTORS.— mectors of President and 
Vice-President are chosen in each State on the Tuesday next 
after the first Monday in November, in every fourth year suc- 
ceeding every election of a President or Vice-President. This 
is the Presidential election. 

The number of electors must equal the whole number of 
Representatives and Senators to which the several States are by 
law entitled at the time when the President and Vice-President 
to be chosen come into ofidce. But where no apportionment of 
Representatives has been made after a Census, at the time of 
choosing electors, the number of electors must be according 
to the then existing apportionment of Senators and Representa- 
tives. 

Each State may by law provide for filling any vacancies in 
its electoral college, when such college meets to give its elec- 
toral vote. 

When any State has held an election for electors and has 
failed to make a choice on the day fixed by law, electors may be 
appointed on a subsequent day in such manner as the Legislature 
may prescribe. 

ELECTORAL COLLEGE. — Electors for each State meet 
and give their votes the first Wednesday in December in the 
year in which they are chosen, at such place in each State as its 
Legislature directs. 

On the day of meeting, or before, the Governor of each State 
delivers to the electors three certified lists of the names of 
electors of such State. 

The electors vote for President and Vice-President, as the 
Constitution directs in Art. XII. of the Amendments. 'They then 
make and sign three certificates of the votes given by them, each 
of which contains two distinct lists, one of the votes for Presi- 
dent, the other of votes for Vice-President, and annex to each 



THE UNITED STATES. 205 

of the certificates one of the lists of electors furnished them by 
the Governor. They seal these certificates, and certify on each 
that it contains the lists of all the votes of such State for Presi- 
dent and Vice-President. One of them must be placed in the 
hands of a person appointed by them, to be delivered by him to 
the President of the Senate, in Washington, before the first 
Wednesday of the ensuing January. The second they forward 
by mail to the President of the Senate. The third they forth- 
with deliver to the judge of the district in which the electors 
assemble. 

If the certificates of any State have not arrived in Washington 
by the first Wednesday in January, the Secretary of State sends 
a messenger for the list deposited with the district judge. 

Congress shall be in session on the second Wednesday in 
February after each meeting of electors, and the certificates, or 
as many as have been received, shall be opened, the votes 
counted, and the persons to fill the offices of President and Vice- 
President ascertained and declared agreeably to the Constitu- 
tion. See Art. XIII. , Amendments. 

If there is no President of the Senate at Washington when 
the person to whom the certificates have been entrusted arrives, 
he deposits them with the Secretary of State, to be turned over 
to the President of the Senate as soon as may be. 

The four years term of President and Vice-President begins on 
the fourth of March next succeeding the day on which the votes 
of the electors have been given. As we have seen, this is always 
an odd year, and the election is always on an even year. 

PRESIDENTS DUTIES.— Uq is sworn into office, together 
with the Vice-President, on March 4th after his election, and 
usually delivers an inaugural address foreshadowing his policy. 
He communicates annually with the Congress by means of a 
formal, written message. Before Jefferson's time the Presidents 
delivered tJieir annual messages in person. Jefferson established 
the custom of communicating by written messages, as in better 
accord with Republican simplicity. The President also com- 
municates with Congress by message at any time during the 
session if he has anything important to say. 



206 POLITICAL HISTORY OF 

He received, up to 1873, ;^25,ooo salary ; since then his salary- 
has been ;^50,ooo, with the use of the White House and its fur- 
niture. He is not allowed to receive any other emolument, not 
even a gift, and his salary cannot be raised or lowered during his 
term of office. He is Commander-in-Chief of the Army and 
Navy, may grant pardons except in cases of impeachment, call 
extra sessions of Congress, and change the meeting-place of 
Congress in time of danger or great emergency. 

He has, jointly with the Senate, the treaty-making power and 
the appointing power. He may be impeached and removed 
from office. In case of death, absence or disability the Vice- 
President becomes President. Around him and in the Execu- 
tive office proper are his Private Secretary, Assistant Secretary, 
and a corps of stenographers and clerks, doorkeepers, watch- 
men and ushers. * 

But the President's chief body of assistants and advisers is 
made up of the members of his Cabinet. 

PRESIDENTS CABINET.— C^hmti means a small room 
in which select or secret councils are held by an executive or 
chief officer of state. The President's Cabinet is not a creation 
of law but of custom. The law merely creates the departments 
or bureaus and authorizes for each a chief, who is appointed by 
the President, by and with the consent of the Senate. These 
departments being important, and a direct means by which the 
President executes the laws, their heads or chiefs are supposed 
to act in concert with the President. To maintain this concert 
they must be frequently called into council or cabinet meeting. 
The chiefs of departments who are now recognized as officers 
of the Cabinet are the Secretary of State, Secretary of War, 
Secretary of Treasury, Secretary of Navy, Secretary of Interior, 
Attorney-General, and Postmaster-General, seven in all. Of the 
function of each of these, as heads of their respective depart- 
ments, we shall speak in the proper place. We now speak of 
them only as members of the Cabinet, or President's advisers. 
Their pay, not as Cabinet members, but as heads of their 
departments, is- ;^8,ooo a year. As ex officio members of the 
Cabinet they are called into '' Cabinet meeting " by the Presi- 



THE UNITED STATES. 207 

dent whenever he needs their advice in shaping a poHcy, or in- 
formation from them respecting the running of their depart- 
ments, though this latter is usually laid before the Congress 
and country in the annual reports of the heads of depart- 
ments. Whenever a head of department, who ranks as a Cabinet 
officer, cannot agree with the President in his policy, and is 
tenacious of his views, he resigns on the principle that he is no 
longer a proper adviser. The Senate rarely fails to confirm the 
nominations of the President to those department places which 
rank as Cabinet offices, for the reason that he is entitled to the 
privilege of surrounding himself with advisers who are in har- 
mony with his executive views. 

From what we have now learned of the Cabinet, it will be 
understood that it has been a growth. Under Washington's 
administration there were but three department officers who 
ranked as Cabinet members, viz.: Secretary of State, Secretary 
of Treasury and Secretary of War. Naval affairs were then 
under the control of the Secretary of War. The separate Navy 
Department was not organized till April 30, 1798, Adams' ad- 
ministration, when the Cabinet was augmented by the Secretary 
of Navy. The Postmaster-General was a subordinate of the 
Treasury Department till 1829. Though the office of Attorney- 
General was created by act of September 24, 1789, he did not 
rank as a full Cabinet officer till 1841-45, Tyler's administration. 
The Department of Interior was created March 3, 1849, last day 
of Polk's administration, and the Secretary of the Interior be- 
came a Cabinet officer. A list of the Cabinet officers will be 
found under their respective department heads. 

VICE-PRESIDENT. — The Constitution says all executive 
power shall be in the President. But when it comes to speaking 
of his qualification and election, it mentions a Vice-President. 
" No person constitutionally ineligible to the office of President 
shall be eligible to the office of Vice-President." 12th Amend- 
ment, clause 3. The Vice-President is not endowed with much 
power. His salary is ;^8,ooo. He is presiding officer of the 
Senate, but without a vote, except in case of a tie. In all else 
he is like an alternate, merely an official provision against the 



208 POLITICAL HISTORY. 

possibility of being without a President. The Vice-President be- 
comes President in case of the death, resignation, impeachment, 
or disabiHty of the latter. This has happened four times in the 
history of our government, when Harrison and Taylor died and 
Lincoln and Garfield were assassinated. 

DEPARTMENT OF STATE. 

CREA TIVE A CTS. — There is no mention in the Constitution 
of this department nor any other belonging to the Executive 
branch of the government. They are all creations of Congress, 
which was endowed with power to pass all laws necessary to 
give effect to the Constitution. At the starting of the govern- 
ment, foreign relations were intricate and momentous. There- 
fore the act of July 27, 1789 ( 1st Congress, extra session), 
created a Department of Foreign Affairs, whose Secretary should 
attend to correspondence and negotiations with foreign ministers, 
and to such other foreign affairs as the President might order 
and direct. By act of September 15, 1789 (same session), the 
name of this department was changed to Department of State, 
and the chief to Secretary of State, and he was, in addition to 
the above duties, charged with the receipt and publication of the 
laws of Congress, made custodian of the great Seal, and author- 
ized to use it on civil commissions. In 1853 ^^e office of Assist- 
ant Secretary of State was created. 

NATURE AND DUTIES.— Th^ Department of State usu- 
ally heads the list of the Executive Departments. The Secretary 
of State is regarded as the nearest officer to the President, and 
is usually selected on account of the great confidence reposed in 
him as a lawyer, diplomatist and safe political adviser. He is 
sometimes called the President's Premier^ or Prime Minister, 
after the English fashion, because he ranks as first of his coun- 
sellors. In monarchies the class of officers we call Secretaries 
are called Ministers. 

The Secretary of State conducts all correspondence with and 
issues all instructions to United States consuls and ministers ; 
negotiates with foreign ministers and representatives on all mat- 
ters they submit, under the direction of the President ; fixes the 




14 



209 



210 POLITICAL HISTORY OF 

great seal to all executive commissions ; receives and preserves 
the . originals of all bills, orders and resolutions of House or 
Senate ; promulgates and publishes the laws, amendments to the 
Constitution, and all consular and diplomatic information ; lays 
before Congress annually a report of commercial systems 
among nations, treaties, diplomacy and all information touching 
our relations with foreign governments ; grants passports. His 
is indeed an arduous and responsible office. As a cabinet officer 
the President relies on him more than on any other, because of 
the delicacy, often intricacy, of the subjects which come under 
his consideration. Foreign relations are seldom free from 
serious complications, and negligence or blunder might at any 
moment lead to war. 

MA CHINER Y. — The machinery for working this important 
department is ample and intricate. It consists of a number of 
bureaus, branches and divisions, each of which is designed 
to attend to one of the many duties of the department. 
Thus there is a Diplomatic Bureau, Consular Bureau, Bureau 
of Indexes and Archives, Bureau of Accounts, Librarian, 
Division of Statistics, Bureau of Law, Division of Translations, 
Division of Pardons, Passport Division. 

DIPLOMATIC SERVICE.— ThQ Diplomatic Bureau of the 
Department of State is the centre of the Diplomatic Service of 
the United States. This service embraces Envoys Extraordinary 
and Ministers Plenipotentiary. These high-sounding titles 
designate our most important ministers to foreign countries. 
They, like all our foreign ministers of whatever grade, are ap- 
pointed by the President, by and with the advice and consent of 
the Senate. They do not, however, represent the President but 
the entire government. It is to be regretted that a service dedi- 
cated to diplomacy, which is supposably exact and exacting, 
should be so loose m its use of terms. The word Embassador 
has with us none but the most general meaning. It might very 
properly include all that is meant by the above lengthy titles. 
The persons sent abroad to represent the government and who 
are called Envoys Extraordinary and Ministers Plenipotentiary 
are not only authorized to reside in the country they go to, but 



THE UNITED STATES. 211 

are fully commissioned to act for our government there. They 
are offices of great dignity and responsibility, and are usually 
filled with men of prudence and knowledge of foreign affairs. 
By the Law of Nations Embassadors, Envoys, Ministers and 
duly accredited representatives of any kind are exempt from 
arrest, imprisonment and prosecution. Violation of the person, 
property or rights of an Embassador in any civilized country 
would be a cause for war on the part of the country offended. 

We have now sixteen Embassadors abroad who rank as 
Envoys Extraordinary and Ministers Plenipotentiary, viz. : one 
each to France, Germany, Great Britain and Russia, at a salary 
of j^ 1 7.500 each. One each to Austro-Hungary, Brazil, China, 
Italy, Japan, Mexico and Spain, at a salary of ;^ 12,000 each. One 
each to Central American States, Chili and Peru, at a salary of 
;^ 10,000 each. One to Turkey, at a salary of ;^7,500. One to 
Corea, at a salary of ;^5,ooo. They are accredited to the Sover- 
eigns of the countries to which they are sent. 

MINISTERS RESIDENT.— ThQSQ like the former reside 
abroad. By this word " reside " is not meant permanent resi- 
dence, but only until their commissions expire. They do not go 
on a special mission, to return when it is ended. The Resident 
Ministers are instructed and clothed with authority, the same as 
those of a higher grade, but the countries to which they are 
sent being of less importance, and their salaries smaller, they do 
not rank so high. They are one each to Argentine Republic, 
Belgium, United States of Colombia, Hawaiian Islands, Nether- 
lands, Sweden and Norway, and Venezuela, salary ;^7,500 ; and 
one each to Bolivia, Hayti, Denmark, Liberia, Persia, Portugal 
and Switzerland (who are also Consuls-General), salary ;^5,ooo. 
The Minister Resident to Greece, salary ;^6,500, also represents 
the country in Roumania and Servia. 

CHARGE D'AEEAIRES.— These are officers like Ministers 
Resident, though not accredited to sovereigns, but to ministers 
of foreign affairs. Their authority is full, but they go to 
countries without intricate diplomacy. One is sent to Paraguay 
and Uruguay, salary ;^5,ooo. 

SECRETARIES OF LEGATION— These are usually com- 



212 POLITICAL HISTORY OF 

missioned attendants of the more important ministers and act as 
their secretaries and interpreters. In the absence of their prin- 
cipal they supply his place, and sometimes they are the only 
American representative in a foreign country, as, till lately, the 
Secretary of Legation and Interpreter at Pekin, salary ^^5,000. 
There are other Secretaries of Legation, as follows : One at 
Constantinople, salary ;^3,500, and one Interpreter, salary ;^3,cx)0; 
two at Paris, salaries ;^2,625 and ;^2,ooo ; two at Berlin, salaries 
;^2,625 and $2,000; two at London, salaries ^2,625 and ;^2,ooo; 
one at St. Petersburg, salary ;^2,625 ; one Secretary of Legation 
and one Interpreter at Yedo, Japan, salary ;^2,50o each ; one each 
at Vienna and Rome, salary ;^3,500; one each at Rio de Janeiro 
and Mexico, salary ;^i,8oo; and one at Madrid, salary ;^3,ooo. 

CONSULAR SERVICE.— ThQ second Bureau in the State 
Department is the Consular Bureau. It is a large and 
important Bureau, and through its consuls the government 
finds a representation in every important city and country 
in the world. Like Ministers, Envoys and Secretaries of 
Legation, they are appointed by the President and Senate. 
They hear all complaints of American captains, masters, crews 
and passengers, and adjudicate their cases; hear protests of 
American merchants, also of foreigners respecting American 
citizens ; certify to the correctness of all invoices of goods 
shipped to this country ; gather commercial information of the 
country and send it to the Consular Bureau ; take charge of 
deceased Americans, their effects and estates, and properly dis- 
pose of the same. They have no representative or diplomatic 
status, but are nevertheless protected under the Law of Nations, 
the raised flag of the country being their safeguard. They may 
determine all matter of wages for seamen on board American 
ships, receive ships' papers and see that they are correct, provide 
for sick or destitute seamen and send them home, dismiss crews 
if mutinous or disobedient, settle questions of wreck and salvage, 
assist in defence of American criminals on trial in their jurisdic- 
tion ; and in some countries aid in adjudicating civil disputes. 
There is a full code of laws and instructions for their government. 

They are of three grades. No. i embraces Consuls-General 



THE UNITED STATES. 



213 



and Consuls with fixed salaries, who are not allowed to transact 
any other business. No. 2 includes those with fixed salaries 
(lower than the first), who are allowed to transact other business. 
No. 3 embraces all who are paid by fees, and allowed to transact 
other business. Some of the third-class find a large profit from 
fees, some find nearly nothing. Besides those in these classes 
there are Commercial Agents and Consular Clerks with similar 
duties and powers. It will be readily seen the Consular Service 
embraces many hundred persons. They are appointed usually 
at the instance of Senators and Representatives, but many 
through the influence of commercial men, and for their knowl- 
edge of foreign languages and business usages. 



SECRETARIES OF STATE. 



Name. Appointed. 

Thomas Jefferson, Va. . . .Sept. 26, 1789 
Edmund Randolph, Va. .Jan. 2, 1794 
Timothy Pickering, Pa. . .Dec. 10, 1795 

John Marshall, Va May 13, 1800 

James Madison, Va. ...... Mar. 5, 1801 

Robert Smith, Md Mar. 6, 1809 

James Monroe, Va April 2, 1811 

John Quincy Adams, Mass. Mar. 5, 1817 

Henry Clay, Ky Mar. 7, 1825 

Martin Van Buren, N. Y..Mar. 6, 1829 
Edward Livingston, La. . .May 24, 1831 

Louis McLane, Del May 29, 1833 

John Forsyth, Ga June 27, 1834 

Daniel Webster, Mass. , . . Mar. 5, 1841 
Hugh S. Legare, S. C. . . .May 9, 1843 
Abel P. Upshur, Va July 24, 1843 



Name. 



Appointed. 



John Nelson, Md Feb. 29, 

John C. Calhoun, S. C. . . .Mar. 6, 

James Buchanan, Pa Mar. 6, 

John M. Clayton, Del. . . .Mar, 7, 
Daniel Webster, Mass. . . .July 22, 

Edward Everett, Mass Nov. 6, 

William L. Marcy, N. Y. .Mar. 7, 

Lewis Cass, Mich Mar. 6, 

Jeremiah S. Black, Pa. . . .Dec. 17, 
William H. Seward, N. Y.Mar. 5, 

E. W. Washburne, III Mar. 5, 

Hamilton Fish, N. Y.. . . =Mar. 11, 
William M. Evarts, N. Y.Mar. 12, 
James G. Blaine, Me Mar. 5, 

F. T. Frelinghuysen, N. J..Dec. 12, 
Thomas F. Bayard, Del.... Mar. 6, 



844 
844 

845 
849 
850 
852 
853 
857 
860 
861 
869 
869 

877 
881 
881 
885 



TREASURY DEPARTMENT. 



CREATIVE ACTS. — The Treasury of the Continental Con- 
gress was conducted under the auspices of a Committee of Con- 
gress. Under the Confederation the office of " Secretary of the 
Treasury " was created by act of Feb. 1 1, 1779. By act of June 
30, 1779, it was resolved into a Board of Commissioners. By 
act of Feb. 7, 178 1, the Board of Commissioners gave way to a 
Superintendent of Finance, who was given (Sept. 1 1, 1781) the 
assistance of a Comptroller, Register, Treasurer and Auditors. 
By act of May 28, 1784, the old Board of Commissioners was 
reinvested with control. This was very changeable legislation 



214 POLITICAL HISTORY. 

respecting an office so important as that of the Treasury, but it 
was characteristic of the Confederation. 

During the first session of Congress, Sept. 2, 1 789, our present 
Treasury Department was established with a Secretary of the 
Treasury, Comptroller, Auditor, Treasurer, Register and Assistant 
Secretary. Around this nucleus has been built by repeated acts 
of Congress the present stupendous fabric, whose officials are 
more numerous than those of any other department, whose re- 
sponsibilities are greater, whose existence is inseparable from 
that of the government, whose transactions amount to hundreds 
of millions of dollars a year. 

POWERS AND DUTIES.— AW accounts of the United 
States are settled in the Treasury Department, and there all 
moneys due are received, and owing, paid. 

The transactions of this department date from July i of each 
year. This is called the Fiscal (money) year. No officer or 
clerk in this department is permitted to accept any compensa- 
tion over and above his salary for transacting any business in 
the department, nor can any employe trade in the funds of or 
debts of the United States. 

The chief officer is the Secretary of the Treasury, salary 
^8,000. He is a member of the Cabinet, and is appointed, like 
all department officers, by the President, by and with the con- 
sent of the Senate. He has two Assistant Secretaries at a salary 
of ;^4,500 each. The Secretary must manage the collection of 
all revenue and lay plans for supporting the public credit ; order 
and keep all public accounts ; grant warrants for moneys appro- 
priated by Congress ; audit accounts of receipts and disburse- 
ments ; collect all commercial statistics ; report annually to Con- 
gress, or whenever called upon, his methods of management, 
results and recommendations. 

For his assistance in the discharge of these multifarious and 
responsible duties he has a corps of officers, clerks and assistants 
which number over 3,000. These are all at work in the follow- 
ing subdepartments, bureaus or divisions : 

FIRST ASSISTANT. — This officer supervises all the work 
relating to Appointments ; Public Moneys ; Revenue Marine ; 




215 



216 POLITICAL HISTORY OF 

Stationery, Printing and Blanks ; Loans and Currency ; Bureau 
of Engraving and Printing; Bureau of the Mint. 

SECOND ASSISTANT supervises all the work belonging 
to the Division of Customs ; Special Agents ; Navigation ; In- 
ternal Revenue ; Appropriations, Warrants and Estimates ; Super- 
vising Architect ; Marine Hospital Supervision ; Bureau of 
Statistics ; Inspector-General of Steam-vessels. 

CHIEF CLERK'S OFFICE has supervision of all the 
Treasury buildings, their furniture, repairs, mails, horses, wagons, 
*v^orking property. 

APPOINTMENTS. — This division supervises all appoint- 
ments and removals in the department, the .Customs Service, In- 
ternal Revenue, and other branches of the Treasury Department; 
prepares the Treasury Register (Blue Book) ; and attends to 
matters of estimates, pay-rolls, etc. 

WARRANTS.— ThQ Division of Warrants, Estimates and 
Appropriations issues Warrants for the payment of Public 
Moneys ; keeps Sinking Fund, Public Debt and Pacific R. R. 
accounts; account of Appropriations and Estimates therefor; 
states annual expenditures and monthly statement of debt; 
keeps Financial Statistics. 

PUBLIC MONEYS. — This division supervises the sub- 
Treasuries and National Banks, and enforces the laws and regu- 
lations respecting them. 

CUSTOMS. — The Division of Customs hears and determines 
all questions of tariff laws and regulations arising in the Customs 
Districts or Consular service. The Commissioner of Customs 
makes final revision of the accounts of Customs officers from all 
the ports of the country. 

INTERNAL REVENUE.— This division, uniting with it 
that of Navigation, has charge of all questions arising in the 
Marine service and relating to, or growing out of, the collection 
of Internal Revenue. . The actual work of collection belongs to 
the Bureau of Internal Revenue. 

LOANS AND CURRENCY is a division which supervises 
the National loans, the redemption of bonds ; preparations for 
printing bonds ; delivery and redemption of bonds and their can- 



THE UNITED STATES. 217 

cellation and destruction. In its records a U. S. bond can be 
traced from the paper-mill to the furnace. 

REVENUE MARINE SERVICE is an adjunct of the Cus- 
toms service. It consists of 37 fast revenue cutters for the use 
of Customs officers, that they may board vessels, make searches, 
collect duties, and enforce the laws against smuggling. 

STATIONERY, PRINTING AND BLANKS.— This divi- 
sion purchases, prints, binds and distributes books and blanks for 
use in the subdivisions of the Treasury Department. 

SPECIAL AGENTS. — This division supervises the work of 
the thirty odd special agents of the Treasury who go, armed 
with full authority, into the Customs Districts. to note the man- 
ner of doing work, correct wrong methods, and secure uniform 
enforcement of the laws. 

SECRET SERVICE.^This division superintends the work 
of detecting and punishing counterfeiters of the National bonds, 
coin and currency. It is supported by annual appropriations 
devoted to this secret, detective work. 

CAPTURED PROPERTY.— This division has in charge all 
the records, archives and property captured or abandoned during 
the Rebellion. It furnishes all information to claimants or for 
historical and legal purposes which is sought through it. 

ENGRAVING AND PRINTING.— The engraving and 
printing of government bonds. United States notes, securities, 
stamps, and whatever represents value, is in charge of this Bu- 
reau. It embraces many subdivisions, and is regarded as the 
completest establishment of its kind in the world. 

BUREAU OF THE MINT supervises the work of all the 
United States Mints and Assay offices. Its chief officer is the 
Director of the Mint, salary $4,500. The United States Mints 
are located at Philadelphia, Pa.; San Francisco, CaL; New Or- 
leans, La.; Carson, Nevada. The Assay offices are located at 
Denver, Col. ; New York City; Helena, Montana; Boise City, 
Idaho ; and Charlotte, N. C. The Assay offices do not coin 
money, but reduce gold and silver to ingots or bars, and stamp 
the fineness or quality on each bar. In addition to overseeing 
the workings of the respective Mints and Assay offices, the 



218 POLITICAL HISTORY OF 

Director of the Mint must certify to the Secretary of Treasury 
each year the actual value of the coins of every nation. The 
officers directly in charge of the different Mints are called 
Superintendents of Mints. 

SUPERVISING ARCHITECT.—Thxs office was created in 
1853, to obviate the difficulty of erecting the large and numerous 
public buildings through irresponsible and unskilled commis- 
sions. Before the creation of the office there was no uniformity 
in public buildings, but little taste, and poor adaptation to the 
purposes intended. The duties of the office are to select proper 
sites, submit plans and estimates, and carry on the work of con- 
struction. The Supervising Architect is assisted by an able corps 
of clerks and draughtsmen numbering nearly 100. 

STEAM-VESSEL INSPECTION.— Th^ head of this ser- 
vice is the Supervising Inspector-General of Steam- Vessels. 
His duty is to enforce all the laws relating to the inspection of 
steam-vessels. There are local inspectors and officers in all the 
commercial cities of the country. 

LIFE-SA VING SEP VICE.— The Superintendent of this ser- 
vice has charge of all the life-saving stations on our coasts. 
This service in its present form dates from 1878. It is a growing 
and important service, and is at present conducted at an annual 
expense of ;^500,ooo, with a force of some 1,400 men, mostly 
hardy surfmen, who lead an exposed and dangerous life at points 
on our coast where wrecks are most likely to occur. 

STATISTICS. — The Chief of this Bureau receives, arranges 
and publishes the statistics of finance, coinage, immigration, 
population, railroads, minerals, agriculture, manufacture, and 
domestic and foreign commerce of the United States, sent from 
every authorized source. 

LIGHT-HOUSES. — The Secretary of the Treasury is Presi- 
dent of the Light-House Board. This Board is composed of 
nine men, chosen for their scientific knowledge. They have in 
charge the work of lighting the coasts of oceans and rivers. It 
was organized in 1852. Their labors involve the proper lighting 
of 5,000 miles of Atlantic coast, 1,500 of Pacific coast, 3,000 miles 
of lake coast, and 5,500 miles of river coast. Thus far about 



THE UNITED STATES. 219 

12,000 light-houses or stations have been erected; 3,000 buoys, 
420 day beacons, 54 fog signals, and 25 light-ships have been 
placed in position. 

MARINE HOSPITALS. — This service is under a Supervis- 
ing Surgeon-General. It was established July 16, 1798, and re- 
organized in 1870 and 1875. It is designed to afford protection 
to sick and disabled seamen, with a view to encouraging fit per- 
■sons to become sailors. ' The terms of enlistment require a pay- 
ment of forty cents a month from seamen's wages. This goes 
to the government. As a consideration for this the government 
cares for them when sick or disabled at one of its Marine Hos- 
pitals, or, where none exist, at any designated hospital. It is an 
important service, and has charge of as many as 20,000 invalid 
seamen annually. 

FIRST COMPTROLLERS Office has charge of all civil 
accounts except those relating to the Customs and Postal Ser- 
vice. The office was established September 2, 1789. The First 
Comptroller checks the work of the First and Fifth Auditor and 
the Commissioner of the Land Office. 

SECOND COMPTROLLERS Office, established March 
3, 1 817, revises and checks all the accounts of the Second, Third 
and Fourth Auditors. 

BUREAU OF COMPTROLLER.— ^\i^ Comptroller of the 
Currency has the responsible duty of enforcing all laws relating 
to the issue and regulation of the National Currency. He is 
custodian of the plates from which notes are printed, supervises 
the naming and starting of National banks, attends to their clos- 
ing operations when they fail, reports to Congress annually con- 
cerning the entire workings of the National banking system. The 
office was established in February, 1863, and was rendered 
necessary by the National Currency system which came into 
existence at that time. 

A UDITORS. — The accounts of the Treasury Department of 
whatever kind must reach final settlement under the hands of 
Auditors. There are six of these, and each is the head of a 
separate office. The numerous accounts are subdivided accord- 
ing to nature or subject, and each Auditor receives those which 
by law or custom fall under his jurisdiction. 



220 POLITICAL HISTORY OF 

TREASURER. — The office of United States Treasurer was 
established by act of September 2, 1789. The Treasurer re- 
ceives and accounts for all public moneys arising from customs, 
internal revenue, sale of lands, or whatever source. The United 
States Treasury is not only the Treasury at Washington, but the 
sub-Treasuries located for convenience at New York, Boston, 
Philadelphia, Baltimore, Chicago, Cincinnati, New Orleans, San 
Francisco and St. Louis. It comprises also certain banks which 
are designated as depositaries of public moneys, though these 
last cannot receive any moneys arising from customs. The 
sub-Treasuries are officered by Treasurers, who give bond and 
are responsible outside of the United States Treasurer at Wash- 
ington. This is why they are called Independent Treasuries. 

REGISTER OF TREASURY.— ^hiX^ the United States 
Treasurer is the officer who actually handles the money and is 
responsible for its safe-keeping, the accounts of receipts and dis- 
bursements are under the supervision of the Register. This 
office was created by the same act as the Treasurer. 

INTERNAL REVENUE BUREAU— i:hQ establishment 
of a system of Internal Revenue, made necessary by the civil 
war, gave rise to a Bureau devoted to the supervision of the sys- 
tem. Its chief is Commissioner of Internal Revenue. The 
Bureau was established by act of July i, 1862. In it centre 
the accounts of the Collectors of Internal Revenue, who are 
the officers appointed to make actual collections in the Revenue 
Districts into which the entire country has been divided. The 
Bureau consists of several sub-divisions devoted to Law, Ac- 
counts, Agents, Stamps, Tobacco and Distilled Spirits. 

COAST SURVEY.— Instituted Feb. 10, 1807, for mapping 
the coasts, rivers, and harbors of the United States, locating 
rocks, shoals, and shallows, and making charts of the soundings. 
The work is under the supervision of the Secretary of the 
Treasury, but is actively prosecuted by a Superintendent of 
Coast Survey. 

BOARD OF HEALTH.— This body was created by act of 
March 3, 1879. ^^ ^^ composed of seven members. Their duty 
is to co-operate with similar Boards in the States, and to act in- 



THE UNITED STATES. 221 

dependently, for the purpose of finding out how epidemics origi- 
nate, and what will prevent them. 

CUSTOMS SERVICE. — Custom Houses are of course only 
found at the points where goods from foreign ports are landed. 
These are called Ports of Entry. They are officered, in ports 
of first rank, by a Collector of the Port, who is responsible for 
the execution of the tariff laws and all moneys collected as 
duties on imported goods. He is also the custodian of the gov- 
ernment buildings and property at the respective ports. His 
work is supervised and checked by a Naval Officer of the Port. 
He is assisted by an Appraiser of the Port, whose duty it is to 
ascertain the nature and true value of all goods imported. He 
is further assisted by Weighers who weigh goods paying a 
specific rate of duty, and by Gaugers who gauge all liquids on 
which there is a duty. The Inspectors are the officers who 
police the wharves and ships and see that no goods are landed 
except those for which the Collector has issued a permit. The 
Surveyor of the Port has immediate charge of the Inspectors 
and assigns them to duty, though he does not appoint them. 
The heads of the Customs Service are appointed by the Presi- 
dent, the Deputies and Clerks by the Secretary of the Treasury. 
Moneys arising from customs in the respective Districts are de- 
posited in the sub-treasuries, and thence find their way into the 
central treasury. All customs accounts, statistics, etc., are re- 
ported to the Secretary of the Treasury. 

Of late years the Customs Service has been extended from 
sea-coast ports to inland cities. Thus Cincinnati, St. Louis, and 
other inland cities are Ports of Entry. Goods intended for 
Inland Ports are unloaded directly from the ship into sealed cars 
and carried to the Inland Port as if the ocean voyage were con- 
tinued. There they are entered, appraised, and assessed with 
duty. 

INTERNAL REVENUE SERVICE,— Uk^ that of Cus- 
toms, the active work of this service is done in the Internal 
Revenue Districts. The entire country was divided into some 
120 Districts, to each of which was assigned a Collector, depu- 
ties, and a corps of store-keepers, gaugers, etc. This was when 



222 POLITICAL HISTORY OF 

(l 862-1 882) the Internal Revenue laws were in full vigor. Since 
the revenue taxes have been lowered, and the number of taxable 
articles reduced, many of these Districts have been consolidated, 
and ere long the whole system will pass away. 

Customs duties and Internal Revenue taxes are the chief 
sources of government income. But it also receives a large 
income from the sale of public lands. These sales were con- 
ducted under the auspices of the Treasury Department till 1849, 
when they were transferred to the Department of the Interior, 
where we will speak of them and of the homestead law. 

NATIONAL BANKS.— When the government first started, 
a National bank was deemed necessary to act as its financial 
agent. One was chartered in 179 1 for twenty years. Attempts 
to revive the charter in 18 11 failed, owing to the opposition of 
those who construed the Constitution narrowly. In 18 16, after 
the war of 181 2, when the country was heavily in debt and in 
need of a steady finance, another National bank was chartered 
for twenty years. This was the bank which President Jackson 
fought so determinedly and finally drove out of existence. All 
subsequent attempts to establish a similar bank or to secure a 
uniform currency failed till 1863, when the exigency of civil 
war eventuated in, first, an issue of notes (greenbacks) directly 
by the government ; and, second, the establishment of the 
National banking system. The government had to use its 
own credit in order to exist. Could it so use it as to provide a 
uniform currency and at the same time relieve itself of the 
trouble and expense of acting as banker for the entire people ? 
This was the problem which the National banking system was 
to solve. The National Banking Act is an elaborate one, but by 
its provisions any number of persons not less than five may start 
a National Bank by (i) certifying to the Comptroller of the Cur- 
rency, a name ; (2) a place ; (3) the amount of capital stock 
(which cannot be less than ;^5o,ooo) and number of shares ; (4) 
names and residences of the shareholders, and number of shares 
held by each ; (5) that they seek the benefits of the National 
Banking Act ; (6) the time when they intend to begin banking. 

These being approved, the Comptroller grants a certificate of 



THE UNITED STATES. 223 

incorporation, with the right to use a seal, and to engage in 
legitimate banking business for twenty years from the passage 
of the act. Every shareholder is personally liable for the debts 
of the bank to the amount of his stock. But as yet the bank 
has no bills or notes. In order to obtain these it must buy 
interest-bearing United States bonds to an amount not less than 
one-third of the paid-up stock of the bank, but the amount need 
not be in excess of ^50,000. These are deposited in the United 
States Treasury. Circulating notes, engraved and printed in the 
Treasury Department, are then issued to the bank, to the value 
of the bonds deposited, less ten per cent. If ;^50,ooo in bonds 
have been deposited, ^^45,000 in circulating notes are issued in 
different denominations.* Should the bank fail the deposited 
bonds are sold, and with the proceeds the notes are redeemed. 
The fact that there is a margin of ten per cent, between the 
notes and the security for them, and the additional fact that that 
margin is increased by the bonds being above par, has given rise 
to the expression that the notes of a broken national bank are 
better than those of a sound one. 

No National bank can loan money directly on real estate 
security. This is to keep them on a strictly commercial basis. 
The notes formerly issued were ones, twos, fives, tens, twenties, 
fifties, one hundreds, five hundreds, and one thousands ; but 
since the resumption of specie payments (1879) the ones and 
twos have been discontinued, in order to give circulation to the 
silver dollars. 

The total output of National Bank notes has been in round 
numbers, ;^ 3 50,000,000. Add to this the total issue of Green- 
backs or Legal Tenders, ^346,681,016, and the total National 
paper currency of the country (not including fractional currency) 
is ;^ 700,000,000. 

The National Banks are taxed annually one per cent, on circu- 
lation, one-half per cent, on deposits, and one-half per cent, on 
the capital stock over and above the amount invested in 

* A bill has been up in several Congresses which seeks to increase the 
issue of notes to an amount equal to the par value of the bonds deposited. 



224 POLITICAL HISTORY OF 

United States bonds. They are not exempt from State tax- 
ation. The total tax paid by National Banks is nearly $y,ooOr 
000 annually. 

These banks- now number 2,852, and they are situated in all 
parts of the country. They have almost entirely taken the place 
of the old State banks, and they secure to the people a uniform 
system of currency and banking. The note of a bank in Maine 
is as good in California as at home. The holder is secure, 
because the note is backed up by security in bonds greater by 
at least ten per cent, than the note itself The notes are harder 
to counterfeit. The plates are beyond the control of the bank. 
The people have never had so uniform, stable, safe, and conve- 
nient a paper currency. 

DEBT AND BONDS.— Our country has never been free 
from public debt. It started under the indebtedness of the war 
for independence, which when gathered together in 1791 footed 
;^75, 463,476. This fluctuated up to 1804, when it was ;^86,427,- 
120. It then decreased till in 18 1 2 it was ;^45, 209,737. The 
war of 1812 came on, and in 1816 the debt was ;^ 127,3 34,993. 
By gradual reduction, it was only ;^37, 513 in 1835, when the 
government was practically out of debt. But in 1836 it was 
;^336,957, and gradually ascended till the time of the Mexican 
war, say 1846, when it was ;^ 15,550,202. Then in consequence 
of that war it leaped, 1848, to ;^47 ,044,862, and in 1849 to ;^63,- 
061,858. In 1856 it was down to ;^3i,972,537, but by i860 up 
to ;^64,842,287. Then came the civil war with its immense ex- 
penditure. By 1866, the year in which the debt reached its 
highest figures, it was ;^2,778,236,i73. To handle this immense 
indebtedness put the energies of the country to extreme test, 
necessitated new subjects and methods of taxation, multiplied 
collection machinery, and made the Treasury Department a 
centre of extraordinary power and responsibility. The tariff 
laws were strengthened and given protective features. The 
system of Internal Revenue was formulated. 

One source of war revenue has passed entirely away. This 
was what was known as the Income Tax, which originated in 
1863, and went out of existence by 1873. It was in its greatest 



THE UNITED STATES. 225 

vigor in 1866, when the government receipts from it were %']2r 
982,160. 

At the close of the war the government found itself not only 
with this immense indebtedness of ;^2,778,236,I73 on hand, but 
it was in an ugly and pressing shape. War times did not 
facilitate funding; that is, gathering the floating debt up and 
placing it at interest, with gradual and remote payments of the 
principal. The shape of the debt was as follows : 

Debt already funded ^1,109,568,191.80 

Matured debt 1,503,020.09 

Temporary loans 107,148,713.16 

Certificates of indebtedness 85,093,000.00 

Five per cent, legal tender notes . 33,954,230.00 

Compound interest legal tender notes 217,024,160.00 

Seven-thirty notes 830,000,000.00 

U. S. Legal tender notes (greenbacks) 433,160,569.00 

Fractional currency , 26,344,742.51 

Suspended requisitions 2,111,000.00 

Total 2,845,907,626.56 

Less cash in the treasury 67,671,453.56 

Total as above 2,778,236,173.00 

Amount funded 1,109,568,191.80 

Amount unfunded or floating 1,668,667,981.20 

Here then was a total of ;^ 1,668,667 ,981 which was not 
funded, was floating about loosely, and which the government 
was liable to be called on to pay at any moment. Worst of all, 
a part of it (the ;^8 30,000,000 of seven-thirties) bore interest at 
7 3-10 per cent. Of course no government could stand for a 
moment in the face of such a drain as would be occasioned by 
the presentation of these floating claims for payment. Yet it 
must either pay, fund, or be dishonored. It could not do the 
first, nor submit to the third. Large as the debt was, the 
national honor was above all price. It must, therefore, do what 
all corporations and business firms do, viz. : fund its floating in- 
debtedness. This was a mighty work. In order to do it bonds 
were prepared, of various denominations, and mostly bearing 
interest at six per cent. These were to run not less than five 
nor more than twenty years. Hence they were called five- 
twenty six per cents. They were offered to the banks, and 
through them to the people. Could the government get enough 
15 



226 POLITICAL HISTORV OF 

money from their sale to pay its floating indebtedness of ;^i, 668,- 
667,981 ? Could it pay its interest promptly, and have some- 
thing over toward the principal ? We have seen how the tariff laws 
and other revenue laws were strengthened. There would be 
enough and more. The people responded with a hearty good-will. 
The bonds were taken with alacrity, and looked upon as so 
desirable an investment that they soon sold at a premium. In a 
short time the government funded, through its five-twenty six 
per cents. ;^ 1,602 ,69 8,9 50 of its floating indebtedness, and 
thus relieved itself of all immediate pressure, except what 
was necessary to provide interest, and gradually reduce the 
principal. 

Such was the favor with which these securities (bonds) were 
received, that the government concluded it might lower its in- 
terest on them, and still sell them, thus saving a large amount 
of interest. This was no longer funding, but refunding. Re- 
funding began by acts of July 14, 1870, and Jan. 20, 187 1. 
Again bonds were authorized to be issued to the extent of 
;^ 1, 5 00,000,000, bearing interest, ^500,000,000 at five per cent, 
and payable in ten years or at the pleasure of the United States; 
;^300,ooo,ooo dX 4.% per cent. ; the balance at 4 per cent. With 
the proceeds of these, the former high interest-bearing bonds 
were to be lifted. The crisis of 1873 interfered with their sale. 
But by 1877 they struck a favorable market, were successfully 
disposed of, and soon at a premium, as before. This favorable 
situation the government again took advantage of, and by repeated 
acts down to 1883, succeeded in carrying out a system of refund- 
ing which greatly lowered the interest on its bonds, the rates 
now running from 41^ to 3 per cent. It at the same time paid 
off the principal of its debt at an average rate of ^70,000,000 a 
year, so that the total is now below ;^ 1, 2 5 0,000,000. 

It is not supposed that the process of refunding is yet com- 
plete. Many think that the 4 and 4^ per cent, bonds can be 
refunded into 3 per cents., and some enthusiastic persons think 
the whole interest-bearing debt can be floated at less than 3 per 
cent. This is hardly possible so long as the government adheres 
to the policy of paying off the debt so fast. This policy gives 



THE UNITED STATES. 227 

to a bond too short a life. It Is not issued for any great number 
of years, and is called in when there is money enough to meet 
it. Thus the inducement of length of time, which is supposed 
to overcome the non-inducement of a low rate of interest, is lost. 
And as to this policy of rapid payment of the principal, it is be- 
ginning to receive criticism. The time was when it was proper, as 
helping to show the nation's earnestness and for the support of 
its credit. This time has passed. There is. now no reason for 
haste, except a desire to be free from the annual loss of interest. 
Whether it is better to save this annual loss by prompt payment 
of the principal, or distribute the burden of payment over the 
generations that are to follow us, is a question which now draws 
a variety of opinions. 

A concluding remark must be made about the management 
of the Treasury Department during this period of immense 
receipts, expenditures and great responsibility. It has been 
such as to show less loss to the government than any former 
period. Considering the great influx of new force, the rush 
of b'usiness during war times, the newness and experimen- 
tal character of much of its work, this is agreeably surpris- 
ing, yet it may go to prove that a financial department, like a 
financial man, is capable of rising with an emergency, and meet- 
ing with honor the severest tests of ability and honesty. In 
answer to a request from the Senate the Treasury Department 
submitted the following table, showing the per cent, of losses In 
its transactions since the beginning of the government and up to 
June 30, 1879: 

Administrations. 

Washington 8 Yrs. 

Adams, John 4 

Jefferson 8 

Madison 8 

Monroe 8 

Adams, John Q 4 

Jackson 8 

Van Buren 4 

Harrison and Tyler 4 

Polk 4 

Taylor and Fillmore 4 

Pierce 4 

Buchanan 4 



Received and 




Loss on 


Expended. 


Total loss. 


$1,000, 


$112,560,504 


$250,970 


$2.22 


90,733,612 


235.412 


2.59 


219,072,736 


603,468 


2.75 


526,764,050 


2,191,660 


4.16 


376,328,275 


3,229,787 


8.58 


201,488,077 


885,374 


4-39 


500,081,748 


3,761,112 


7-52 


285,327,949 


3.343,792 


II. 71 


244,590,156 


1,565,903 


6.40 


423,913,687 


1,732,851 


4.08 


432,861,677 


1,814,409 


4.19 


608,257,816 


2,167,982 


356 


697,500,871 


2,659,108 


3.81 



228 



POLITICAL HISTORY OF 



Administrations. 

Lincoln 4 Yrs. 

Johnson 4 

Grant 8 

Hayes 2 



Received and 

Expended. 
^9,386,697,144 

8,014,908,984 
10,842,922,583 

3.353,629,856 



Total loss. 

$7,200,984 

4,619,600 

2,622,479 

2,677 



Loss on 
$1,000. 
$0.76 

•57 

.24 

.008 



SECRETARIES OF THE TREASURY. 



Names. 



Appointed. 



Alex. Hamilton, N. Y Sept. 11, 1789 

Oliver Wolcott, Conn .... Feb. 2, 1795 

Samuel Dexter, Mass Jan. i, 1801 

Albert Gallatin, Pa May 14, 1801 

Geo. W. Campbell, Tenn..Feb. 9, 1814 

Alex. J. Dallas, Pa Oct. 6, 1814 

Wm. H. Crawford, Ga....Oct. 22, 1816 

Richard Rush, Pa Mar. 7, 1825 

Samuel D. Ingham, Pa.. . Mar. 6, 1829 

Louis McLane, Del Aug. 2, 1831 

Wm. J. Duane, Pa May 29, 1833 

Roger B. Taney, Md Sept. 23, 1833 

Levi Woodbury, N. H....June 27, 1834 

Thomas Ewing, Ohio Mar. 5, 1841 

Walter Forward, Pa Sept. 13, 1841 

John C. Spencer, N. Y... .Mar. 3, 1843 

Geo. M. Bibb, Ky June 15, 1844 

Robert J. Walktr^ Miss.. . . Mar. 6, 1845 

Wm. M. Meredith, Pa Mar. 8, 1849 

Thomas Corwin, Ohio. . . .July 23, 1850 



Appointed. 



Names. 

Tames Guthrie, Ky Mar. 7, 

Howell Cobb, Ga Mar. 6, 

Philip F. Thomas, Md. . . . Dec. 12, 

John A. Dix, N. Y Jan. 11, 

Salmon P. Chase, Ohio... .Mar. 7, 
Wm. P. Fessenden, Me.. .July i, 
Hugh McCulloch, Ind... Mar. 7, 
Geo. S. Boutwell, Mass... Mar. ii, 
Wm. A. Richardson, Mass. Mar. 17, 
Benj. H. Bristow, Ky. . . .June. 4, 

Lot M. Morrill, Me July 7, 

John Sherman, Ohio Mar 

Wm. H. Windom, Minn. .Mar. 5, 
Charles J. Folger, N. Y.. .Oct. 27, 
Walter Q. Gresham, Ind. .Sept. 2, 
Hugh McCulloch, N. Y. .Oct. 28, 
Daniel Manning, N. Y... .Mar. 6, 
Charles S. Fairchild, N.Y.April i, 



8, 



853 
857 
860 
861 
861 
864 
865 
869 

^73 
874 
876 

877 
881 
881 
884 
884 
885 
887 



THE WAR DEPARTMENT. 

As the name indicates, this Department has charge of all mat- 
ters appertaining to the army. It is presided over by the Secre- 
tary of War, salary ;^8,ooo, who is appointed by the President 
by and with the advice and consent of the Senate, for the term 
of four years unless sooner removed. He is a member of the 
President's Cabinet, and in a military point of view ranks next 
to the President. 

The War Department was established by act of August 7, 
1789, and therefore is as old as the government. The act says 
" there shall be an executive Department denominated the De- 
partment of War, and there shall be a principal officer therein to 
be called the Secretary for the Department of War, who shall 
perform such duties as shall be entrusted to or enjoined on him 
by the President agreeably to the Constitution, relative to land 
forces, ships, or warlike stores of the United States." The De- 
partment then had control of *' land forces and ships." It was 
both a War and Navy Department, the latter not having a sepa- 
rate existence till some time afterwards. 



THE UNITED STATES. 229 

SECRETARY'S DUTIES.— \Sf hen it is said that the De^ 
partment has charge of all matters relating to war a sharp line 
must be drawn between its affairs and those of the army in the 
field. The responsibility for campaigns, battles and manoeuvres 
rests on the generals who represent the commander-in-chief, the 
President, in the field. The War Department is the civil side 
of army affairs. The Secretary conducts the business of the De- 
partment. In war he is one hand of the President and the army 
the other. 

He attends to all commissions of officers, to the raising of 
forces, to the matter of army supplies. He has charge of all 
captured property, and sees to the transportation of troops, muni- 
tions, equipments and stores throughout the United States. He 
defines the quantity and kind of supplies and attends to their 
purchase through the Subsistence and Quartermaster's Depart- 
ments. He procures buildings to store them in. He receives 
field officers' accounts of clothing, munitions, supplies of every 
kind, and adjusts and passes on their accounts. In connection 
with army officers he must see to the condition of prisoners of 
war, advise with the militia officers of the States, issue proposals 
for supplies, and report to Congress annually or whenever called 
upon, the transactions of his office and its condition. An im- 
portant duty added since the civil war is the purchase, prepa- 
ration and care of the national cemeteries, of which there are 
seventy-nine, containing the bodies of tens of thousands of Union 
soldiers, known and unknown. 

His office is divided into sub-Departments, Bureaus or Divi- 
sions, each of which is presided over by a responsible head. 

ADyUTANT-GENERAL.—TWis subdepartment is in charge 
of an Adjutant-General of the Army, who has army rank 
as Brigadier, and army pay. The business of the office is the 
organization and management of the armies. All orders to the 
military establishments and armies go out through this office. 
It attends to recruiting the armies, keeps all muster in and out 
rolls, and officers' accounts; furnishes statements to Treasury 
Auditors, Pension Commissioners, Paymasters, Commissaries and 
Quartermasters. 



230 POLITICAL HISTORY OF 

INSPECTOR-GENERAL.— The Inspector-General ranks as 
Brigadier, with army pay. His business is to keep the Secretary 
of War posted as to the true condition of the army, its tents, 
arms, clothing, quarters, accoutrements, drill, discipline, and 
entire condition. 

SIGNAL OFFICE. — This useful office, a comparatively mod- 
ern one, is part civic and part military. It has charge, under the 
instructions of the Secretary of War, of a School of Instruction 
at Fort Whipple, Va., where war manoeuvres, the construction 
and working of rapid field telegraphy, the erection and manage- 
ment of army signals, and the control of all instruments of 
field observation, are taught. 

It has also charge of the Army Signal Corps, which is a mod- 
ern army essential, in time of active service, for safe and speedy 
operations. It is also useful in time of peace for the assistance 
it renders in conducting the Sea Coast Service, with its signal 
codes and quick telegraphy. 

To this office belongs also the well-known, popular, and now 
indispensable Weather Bureau, over which the familiar "Clerk 
of the Weather " presides. This Bureau conducts its business 
through Signal Stations erected at all exposed points on ocean, 
lake and river coast, at prominent points of observation in cities 
and on mountains and plains, with which it is connected by tele- 
graph. It is the duty of the officers in charge of these stations 
to telegraph, at least once a day, to the Central Bureau in Wash- 
ington the state of the barometer and thermometer, the velocity 
of wind and its direction, the nature of the storm or calm that ex- 
ists; in short, such a full condition of the weather as will enable a 
forecast to be made inland or for the sea, for the general use of 
sailors, merchants, farmers and others likely to be affected by it. 
When the conditions on coasts are dangerous, storm signals are 
erected, and mariners either heed them or sail at their peril. 
The active operations of the Weather Bureau date from 1868-69. 

QUARTERMASTER.— This Department purchases and dis- 
tributes to the army all military stores and supplies, such as 
clothing, fuel, forage, camp and garrison equipage (the furnish- 
ing of rations belongs to the Subsistence Department), and fur- 



THE UNITED STATES. 231 

nishes means of transportation for the army and its stores. It 
is presided over by the Quartermaster-General, who ranks as 
Brigadier, with army pay. While the duties of the central office 
at Washington are important and responsible, its main responsi- 
bility is in the camps and garrisons in time of peace, and in the 
field in time of war. It reaches these remote points by means 
of Quartermasters. These subordinate officers are the agents 
of the Quartermaster-General. They represent the movable 
quality of the office. They are at all the military posts during 
peace. In time of war their number has to be increased, and they 
are found in all the armies and sections of armies superintending 
the matter of transportation and supplies, holding the officers to 
strict account for whatever is furnished, and in turn accounting 
themselves to their chief for what they receive and distribute. 

COMMISSARY DEPARTMENT.— This office is presided 
over by the Commissary-General, who ranks as Brigadier, 
with army pay. It is not unlike the Quartermaster-General's 
office, except that it has sole charge of the supply of army ra- 
tions. It buys all rations and furnishes them to the officers and 
men of the army at cost price. It carries its work down to the 
military posts and to the camps in the field by means of subor- 
dinates called Commissaries, who, like Quartermasters, are more 
numerous in time of war than in peace, and who must be 
promptly on hand with food whenever it is needed. 

PAYMASTER. — This Department is presided over by a Pay- 
master-General, who ranks as Brigadier with army pay. The 
title suggests the duty, which is to pay the army and keep all 
the pay rolls and accounts connected with the operation. The 
field and post work of the office is carried on by means of Pay- 
masters in fact, who are assigned to duty at the respective posts 
and in the divisions of the army in time of active service. 

MEDICAL DEPARTMENT— ThQ chief officer of this De- 
partment is the Surgeon-General, who ranks as Brigadier with 
army pay. He is chosen for his scientific knowledge. The De- 
partment has in charge the matter of army hospitals and hospital 
supplies, the care of sick and wounded soldiers, the furnishing 
of artificial limbs, eyes and other appliances for the maimed, re- 



232 POLITICAL HISTORY OF 

ports on hospital diseases, treatments and operations, the control 
of the Medical Museum, which, by the way, is now one of the 
best appointed and most interesting of its kind in the world. 

ORDNANCE OFFICE.— Th^ officer in charge of this De- 
partment is called the Chief of Ordnance. He ranks as Briga- 
dier with army pay. This office attends to procuring and sup- 
plying to the army all cannon, gun-carriages, and all ammunition 
and equipments for the same, whether for use in garrison, field 
or siege service. It is the heavy gun department of the war 
branch. It operates through Ordnance Stations, situated in dif- 
ferent portions of the country, where ordnance is kept for con- 
venience of use and for preservation, and which are called Ar- 
senals. There are now twenty-two of these Ordnance Stations or 
Arsenals in the country. In this list of Arsenals are included 
the Armory at Springfield, Mass., where small arms and am- 
munition are made and stored. There was a large Armory at 
Harper's Ferry, which was destroyed during the civil war. 

CHIEF ENGINEER. — The responsible officer is a Chief of 
Engineers, who ranks as Brigadier, with army pay. The duties 
of this office are various. The Chief of Engineers commands 
the Corps of Engineers whose duty is to attend to locating, 
building and caring for fortifications, coast and inland ; design- 
ing, building and handling pontoon bridges ; designating and 
carrying out river and harbor improvements ; making surveys for 
military purposes. The Chief of Engineers is also Commissioner 
of Public Buildings and Grounds in Washington. He is Superin- 
tendent of the Washington Aqueduct, which supplies the capital 
with water, and from the Engineer Corps are selected three of 
the seven members of the Mississippi River Commission, which 
has charge of the public improvements along that stream. 

SECRETARIES OF WAR. 

Names. Appointed. 

John Armstrong, N. Y. . . Jan. 13, 1813 

James Monroe, Va Sept. 27, 1814 

Wm. H. Crawford, Ga Aug. I, 1815 

Geo. Graham [ad in.), V 3... April 7, 1817 

John C. Calhoun, S. C Oct. 8, 1817 

James Barbour, Va Mar. 7, 1825 

Peter B. Porter, N. Y May 26, 1828 

John H. Eaton, Tenn Mar. 9, 1829 



Names. Appointed. 

Henry Knox, Mass.. .... .Sept. 12, 1789 

Timothy Pickering, Pa. . . .Jan. 2, 1795 

James McHenry, Md Jan. 27, 1796 

James Marshall, Va May 7, 1800 

Samuel Dexter, Mass May 13, 1800 

Roger Griswold, Conn.. . .Feb. 3, 1801 
Henry Dearborn, Mass.. .Mar. 5, 1801 
William Eustis, Mass Mar. 7, 1809 



THE UNITED STATES. 233 

SECRETARIES OF WAR — Continued. 

Names. Appointed. \ Names. Appointed. 

Louis Cass, Mich Aug. i, 1831 j Simon Cameron, Pa Mar. 5, 1861 

Benj. F. Butler, N. Y Mar. 3, 1837 Edwin M. Stanton, Pa Jan. 15, 1862 



Joel R. Pouisett, S. C Mar. 7, 1837 

John Bell, Tenn Mar. 5, 1841 

John McLean, O Sept. 13, 1841 

John C. Spencer, N. Y. . . .Oct. 12, 1841 

James M. Porter, Pa Mar. 8, 1843 

William Wilkins, Pa Feb. 15, 1844 

William L. Marcy, N. Y. .Mar. 6, 1845 
George W. Crawford, Ga. .Mar. 8, 1849 



U. S. Grant [ad m.), 111... .Aug. 12, 1867 
Edwin M. Stanton, Pa. . . .Jan. 14, 1868 
L. Thomas [ad in.), Md. .Feb. 21, 1868 
John M. Schofield, 111 . . . .May 28, 1868 

John A. Rawlins, 111 Mar. 11, 1869 

William T. Sherman, O.. ..Sept. 9, 1869 
William W. Belknap, lowa.Oct. 25, 1869 
Alphonso Taft, O Mar. 8, 1876 



Winfield Scott (a^m.),Va,.July 23, 1850 ; James D. Cameron, Pa May 22, 1876 

Charles M, Conrad, La.. ..Aug. 15, 1850 I Geo. W. McCrary, Iowa. .Mar, 12, 1877 

Jefferson Davis, Miss Mar. 5, 1853 Alexander Ramsey, Minn. .Dec. lo, 1879 

John B. Floyd, Va Mar. 6, 1857 \ Robert T. Lincoln, III... .Mar. 5, 1881 

Joseph Holt, Ky Jan. 18, 1861 1 Wm. C. Endicott, Mass. .Mar. 6, 1885 

THE ARMY. — The army of the United States is in one sense 
an organization separate from the War Department, in another 
connected with it. Its field administrations are separate, yet in 
all things appertaining to its supplies, enlistments, accounts, the 
two are inseparable. The question of a standing army in this 
country — that is, an army in time of peace- — has always been a 
troublesome one, and the policy has been to keep it reduced to 
the lowest standard possible. This policy results from a whole- 
some dread of such large standing armies as enable European 
monarchs to keep their thrones, and which are a constant menace 
to the peace of nations, as well as a great source of expense to 
the supporting governments. But our experience has shown 
the necessity of at least a small standing army for the purpose 
of executing the laws in exposed places, as on the border, and 
suppressing disturbances wherever they may arise. The moral 
effect of an army, as an arm of the executive, is also very great. 
Power is far more imposing and effective when backed by a vigor 
which lawlessness regards it folly to dispute, or before which it 
quails ; and power is never so impotent and ridiculous as when 
attempts to exercise it are foiled by the mob. The dignity and 
efficacy of executive authority require, as things go, an army of 
some shape and proportion; and a navy too. The economic 
argument in favor of an army is also very great. Besides assur- 
ing peace and protection it is the nucleus of that larger army 
which is made up of volunteers and called into service when 



234 POLITICAL HISTORY. 

emergency requires. It is a constant training school for officers 
and men, so that the country is never without a sufficient amount 
of military discipline to meet the needs of larger called armies, 
when the condition is one of active war. 

The army of the United States is called the Regular army in 
contradistinction to that added to it in time of war, called the 
Volunteer army. It is also thus distinguished from the militia 
of the several States, and the miUtia system, which is a mixed 
government and State system. 

The present army is not in excess of 25,000 men, and, by act 
of June 18, 1878, cannot exceed 30,000. Enlistments are for 
five years. There are twenty-five regiments of infantry, ten of 
cavalry and five of artillery, and a force of 1,000 Indian scouts. 
An infantry regiment is composed often companies, of fifty men 
each, which the President may increase to 100. 

A regiment of cavalry consists of twelve troops, and each 
troop of yS men. A regiment of artillery consists of twelve bat- 
teries, and each battery of 120 men. These figures are the 
maximum of each. They are in excess of the actual number 
in each regiment and company. 

The higher officers of the army are a General and Lieutenant- 
General, which two are honorary, conferred only at times on 
account of distinguished service, and expire with the death or 
resignation of their incumbent. The salary of the General is 
;^I3,500, that of Lieutenant-General ;^i 1,000. The regular 
officers are Major-Generals, salary ;^7, 500 ; Brigadier-Generals, 
salary ;^5,500; Colonels, salary ;^3,500; Captains, salary ;^ 1,800; 
and Lieutenants, ^1,600. 

Then there are with the army representatives or duplicates of 
each of the departments we have seen in connection with the 
Department of War, as Adjutant-General's Department, Quar- 
termaster's Department, Inspector-General's Department, Engi- 
neer Corps, Ordnance Department, Medical Department, Pay 
Department, Signal Officer, Bureau of Military Justice, Chaplains, 
bands, etc., all of which have their place and add to the comfort 
and efficiency of the force. The army is governed by a code 
prescribed by Congress called Articles of War. They are 128 




MESS HALL. 



NQRIH BARRACKS. 





PARADE aaouND. 




:ua!ii®jiiiasi 



■'miOIMMfflffi' 




ACADEMV^BUILDING 



BARRACKS. 



VIEWS AT MILITARY ACADEMY, WEST POINT. 

23d 



236 POLITICAL HISTORY OF 

in number; and are read at the time of enlistment and every six 
months afterwards. 

A charitable provision in our army system is, first, gradually 
increasing pay for the minor officers as they add to their years 
of service, and second, three-fourth pay to all commissioned 
officers when they are placed on the retired list. Officers pass 
to the retired list by law after thirty -two years of service or on 
arriving at the age of sixty-two, but may be retired for honor- 
able cause and by proper authority at any time. 

MILITARY ACADEMY.— This government school for the 
education of men in the science and art of war is situated at 
West Point on the Hudson. It was authorized by act of Con- 
gress in 1802, and then instituted in a modest way. It has since 
grown to be a large and useful institution, ranking with the best 
of its kind in the world. Its chief officer is a superintendent, 
who ranks as Colonel. It has a large corps of professors de- 
voted to teaching tactics, engineering, philosophy, mathematics, 
history, geography, ethics, chemistry, mineralogy, geology, 
drawing, modern languages, gymnastics, music, etc. ; the idea 
being to provide not only men skilled in whatever appertains to 
army affairs, but educated gentlemen also. 

Each Congressional district and Territory in the United States 
is entitled to have one cadet or scholar at the Military Academy. 
The District of Columbia is entitled to one, and the United 
States to ten, called cadets at large. The President selects the 
cadets at large. The Secretary 01 War selects those from the 
Congressional districts, at the request of the representative 
thereof in Congress. Candidates must be between seventeen and 
twenty-two years old, at least five feet in height, physically per- 
fect, and must be proficient in the elementary branches. They 
are paid ;^540 a year, which is regarded as sufficient to maintain 
them. They graduate with the rank of lieutenant in the army, 
and are standing candidates for an active place with that rank. 
The academy is visited annually by a commission appointed by 
the President and composed of members of Congress and mili- 
tary officers, who report to the Secretary of War for the use of 
Congress. 



THE UNITED STATES. 237 



NAVY DEPARTMENT. 



The Navy Department was at first connected with the War 
Department. It was erected into a separate department by act 
of April 30, 1798, and went into operation in June, 1798. Its 
chief officer is the Secretary of the Navy, salary ^8,000, ap- 
pointed by the President by and with the advice and consent of 
the Senate, for four years, unless sooner removed. He ranks as 
a member of the cabinet. Like all the other departments, this 
is divided into a number of Bureaus or Divisions, for its more 
effective working. The name of the department suggests that 
it is devoted to the naval affairs of the country. The question 
of a navy has always been an interesting one, and parties have 
often divided on the propriety of keeping a naval establishment 
in time of peace, likewise over the policy of strengthening 
it in time of emergency. It must be said that in time of war, 
when our destinies were all in the keeping of our vessels of war 
and our hardy sailors, that the American Navy has been a source 
of safety and credit, and has given proof that we can conduct 
ocean warfare with all the brilliancy and effect of those who 
boast of more formidable ships and thoroughly trained mar- 
iners. 

SECRETARY'S DUTIES.— Uq must provide all naval 
stores and construct, arm, equip and employ vessels of war. 
All captures of ships, standards and guns must be reported to 
him and pass into his custody. He prepares and publishes all 
charts, maps, sailing directions and nautical books, bearing on 
navigation, which he deems necessary. He reports annually to 
Congress the state of the navy and submits estimates for ap- 
propriations. He accounts for all disbursements on behalf of the 
navy. He establishes coal stations in different parts of the 
world, disposes of old ships and worn-out equipments, acts as 
trustee of the Navy Pension Fund and Privateer Fund ; in 
short does all that appertains to efficient management of naval 
affairs. 

YARDS AND DOCKS.~Th\s Bureau has charge of the 
Navy Yards and Naval Stations, their construction and main- 



238 POLITICAL HISTORY OF 

tenance, and the supply of timber therefor. There are several 
Navy Yards and Stations in the country, located at what are 
supposed to be available points, as at Portsmouth, N. H.; 
Brooklyn, N. Y. ; Philadelphia, Pa. ; Boston, Mass. ; Washing- 
ton, D. C. ; Norfolk, Va. ; Pensacola, Fla. ; Mare Island, Cal. ; 
New London, Conn. (N. Station) ; Port Royal, S. C. (store ships). 
They were erected for the purpose of building ships of war, but 
that work has been discontinued at many of them. They are 
convenient stations and repair-shops, and no "longer a reliance for 
the speedy construction of large and effective war-ships, owing 
to the cost of properly maintaining them, and the spasmodic 
demand for their services. The Chief of the Bureau of Yards 
and Docks ranks as a Captain in the navy. 

EQUIPMENT AND RECRUITING.— Th^ Chief of this 
Bureau ranks as Commodore in the navy. It is the recruiting 
office of the navy, and attends to the equipment of vessels of 
war with sails, rigging, anchors, fuel, etc. 

NAVIGATION— ThQ Chief of this Bureau ranks as Com- 
modore. He has a chief clerk and four assistants. The Naval 
Observatory and Hydrographic Office are in the care of this 
Bureau, which in addition supplies vessels of war with flags, 
charts, signals, chronometers, barometers, glasses, etc. 

The Naval Observatory just mentioned is the counterpart, in 
America, of the Greenwich Observatory in England, and arose 
from the same necessity; to wit, that for accurate astronomical 
observations and safe computations for the purposes of naviga- 
tion. The Observatory employs a Superintendent, who ranks 
as Rear Admiral, and ten assistant professors who rank as naval 
officers of different grades. It is a finely equipped institution 
and employs some of the best astronomical observers and calcu- 
lators in the country. As to astronomical observations its work 
is the same as that of the numerous collegiate and private ob- 
servatories throughout the country, but aside from that, its 
energies are devoted to the tabulation of results, and the turning 
of discoveries, corrections, and calculations to practical scientific 
account. 

Scarcely less important is the Hydrographic Office, where the 



THE UNITED- STATES. 239 

results of surveys, soundings and coast, lake and river observa- 
tions are engraved, printed and published in map, chart or book 
form and given out for the use of naval vessels and those of the 
merchant marine. Its Chief ranks as Captain in the navy. The 
Nautical Almanac is published from this office. 

BUREAU OF ORDNANCE.— Tht Chief of this Bureau 
ranks as Commodore in the navy. He has charge of the manu- 
facture of naval ordnance, ammunition, armament for vessels, of 
arsenals and magazines, the torpedo service and stations, all ex- 
periments for testing guns, torpedoes and other naval weapons. 

CONSTRUCTION AND REPAIRS.— ThQ Chief of this Bu- 
reau ranks as Commodore. He controls all dry-docks, and 
designs, builds and fits out vessels of war. 

STEAM-ENGINEERING.— Th^ Chief ranks as Commo- 
dore. He controls the designing, manufacturing and adjusting 
of all the steam-engines and steam-machinery of war vessels. 

PROVISION AND CLOTHING.— Tht Chief of this Bu- 
reau ranks as Commodore. The office supervises the purchase 
and supply of food and clothing for the navy. 

MEDICINE AND SURGERY.— ThQ Chief ranks as Com- 
modore. The Bureau supplies medicines, instruments and 
medical stores to vessels of war and marine hospitals and 
accounts for the same. 

The Navy, like the Army, has given rise to a set of charitable 
and educational institutions which are objects of pride on the 
part of the Department and of great utility. The first of these 
is the 

NAVAL ASYLUM located at Philadelphia. It is a home 
for old or disabled naval officers, seamen and marines. It oper- 
ates outside of and distinct from the pension system. Navy 
pensioners may commute their pensions for places in the Asylum. 
The applicant must be unable to work and must have served 
twenty years in the navy. If admitted, the Asylum is his home 
till death, on condition that he obeys its rules, which are quite 
rigid. For good conduct one dollar a month is awarded to each 
sojourner. The institution is presided over by a governor, with 
navy rank and pay. 



240 POLITICAL HISTORY OF 

NA VAL HOSPITALS.— ThesQ are institutions for the tem- 
porary treatment of sick and disabled seamen. They are sup- 
ported by an annual appropriation. There are eighteen Naval 
Hospitals in the country, located at leading ports or wherever 
there are naval stations, and one at Yokohama in Japan. 

NA VAL ACADEMY.— This Academy, a national institution, 
is as much a part of the Navy Department as the Military 
Academy is a part of the War Department. It is located at 
Annapolis, Md. Its Superintendent always ranks high among 
naval officers. He is assisted by other officers of the navy and 
by a corps of professors, who teach seamanship, gunnery, mathe- 
matics, engineering, astronomy and navigation, chemistry, phys- 
ics, modern languages, history, drawing, and whatever will fill 
out the education of a naval officer, a private engineer or retired 
gentleman. The pupils come from the Congressional districts 
and Territories, one from each, with one for the District of 
Columbia, and ten at large. The President appoints those at 
large. The Secretary of the Navy, deferring to the recommen- 
dation of the member of Congress from a district or delegate 
from a Territory, appoints those from the districts. Applicants 
are examined by the Superintendent of the Academy in June 
and September of each year. In order to pass they must be 
physically sound, of good moral character, not under fourteen 
nor over eighteen, and up to the standard in the elementary 
English branches. If admitted, candidates become cadet-mid- 
shipmen, and are not only pupils "but inmates of the Academy 
for a term of six years, to which they must bind themselves to 
add two years of active service if not discharged. They are 
paid ;^500 a year from time of admission. After their eight 
years of service and schooling they graduate as Midshipmen in 
the navy. 

There is also a course of studies in, or rather a department of, 
the Academy devoted to Naval Engineering. It is a four-year 
course at the Academy and two in a vessel at sea. The pupil 
in this course is a cadet-engineer. When he graduates he is 
entitled to a commission as Assistant Engineer in the navy, 
when there is a vacancy. 



THE UNITED STATES. 241 

U. S. NAVY. — The highest rank in the navy is Admiral, 
salary, ;^ 13,000; the next, Vice- Admiral, salary, ;^9,ooo. These, 
like General and Lieutenant-General in the army, are honorary 
and temporary, and expire with those on whom they were spe- 
cially conferred. The highest real or working rank is Rear- 
Admiral, salary, ;^6,ooo. Then comes, in order. Commodore, 
salary, ^^5,000; Captain, ;^4,5oo; Commander, ;^3,500; Lieu- 
tenant-Commander, ;^2, 800; Lieutenant, ;^2,400 ; Master, ^^ 1,800; 
Ensign, ;^ 1,200; Midshipmen, ;^ 1,000. All these salaries are 
actual duty salaries at sea. They are considerably less for shore 
duty. The salary of the officers, from Lieutenant-Commander 
down, increases after a service of five years from date of com- 
mission. Pensions and retiracy from service on pay are on the 
same general plan as prevails in the army. Enlistments in the 
navy are for not less than three nor more than five years. Minors 
from fifteen to eighteen may be enlisted till they are twenty-one, 
with the consent of parents. The total force of officers and 
men in the navy, in time of peace, or as the laws now stand, 
cannot exceed 8,250. The navy is governed by a code of sixty 
articles prescribed by Congress. 

MARINE CORPS. — This very useful arm of the service is a 
nondescript. It is a body of enlisted men, not exceeding 2,500 
in number, who are officered and disciplined according to army 
rules and tactics, who do regular military duty at United States 
arsenals and naval stations, but who may be detailed for active 
service on board war vessels. They have proved excellent for 
policing and garrison purposes, and the complement of them as- 
signed to ships during actual war have enabled victorious vessels 
to hold captured places permanently without the constant men- 
ace of heavy guns. 

SECRETARIES OF NAVY. 



Name. Appointed. 

George Cabot, Mass May 3, 1798 

Benjamin Stoddert, Mass.. May 21, 1798 

Robert Smith, Md July 15, 1801 

J. Crowninshield, Mass. , .May 3, 1805 

Paul Hamilton, S. C Mar. 7, 1809 

William Jones, Pa Jan. 12, I813 

B.W. Crowninshield, Mass. Dec. 19, 1814 

16 



Name. Appointed. 

Smith Thompson, N. Y. ..Nov. 9, 18 18 

John Rogers, Mass Sept. 1,1823 

Samuel L. Southard, N. J.Sept. 16, 1823 

John Branch, N. C Mar. 9, 1829 

Levi Woodbury, N. H.. . .May 23, 1831 
Mahlon Dickerson, N. J. .June 30, 1834 
James K. Paulding, N. Y.June 25, 1838 



242 



POLITICAL HISTORY. 



SECRETARIES OF NAVY — Continued. 



Name. Appointed. 

George E. Badger, N. C. .Mar. 5, 1841 

A. P. Upshur, Va Sept. 13, 1841 

David Henshaw, Mass.. . .July 24, 1843 
Thomas W. Gilmer, Va.. .Feb. 15, 1844 

John Y. Mason, Va Mar. 14, 1844 

George Bancroft, Mass.. . .Mar. 10, 1845 

John Y. Mason, Va Sept. 9, 1846 

William B. Preston, Va. ..Mar. 8, 1849 
William A, Graham, N. C.July 22, 1850 
John P. Kennedy, Md July 22, 1852 



Name. Appointed. 

James C. Dobbin, N. C. ..Mar. 7, 1853 

Isaac Toucey, Conn Mar. 6, 1857 

Gideon Welles, Conn Mar. 5, 1861 

Adolph E. Borie, Pa Mar. 5, 1869 

George M. Robeson, N. J. .June 25, 1869 
Rich. W. Thompson, Ind..Mar. 12, 1877 
Nathan Goff, Jr., W. Va. .Jan. 6, 1881 

W. H. Hunt, La Mar. 5, 1881 

Wm. E. Chandler, N. H..April i, 1882 
Wm. C. Whitney, N. Y . .Mar. 6, 1885 



INTERIOR DEPARTMENT. 

This office did not exist till authorized by act of March 3, 
1 849. It became necessary by reason of the great growth of 
some of the Bureaus and Divisions of the other Departments, 
especially those of Public Lands and Patents, and because the 
time had come for a grouping of them under a head more sig- 
nificant of their real character. We are not sure that the title 
" Interior Department " is the happiest which could have been 
chosen, but it savors of home and gives one to understand that 
the business of the office relates to affairs quite within our own 
boundaries. It has not only drawn something from other offices, 
but has been the office most called upon to meet the great and 
growing demands of the country, whenever a Department was 
needed to take control of a newly created service. 

The office has for its head a Secretary of Interior, appointed 
by the President by and with the advice and consent of the 
Senate, for the term of four years unless sooner removed. His 
salary is ;^8,ooo, and he is a Member of the Cabinet. 

SECRETARY'S DUTIES.— Yi^ attends to all business relat- 
ing to Public lands and mines, Indians, bounty lands, patents, 
custody and distribution of publications, education, census, Ter- 
ritories, government asylums. He reports annually, or whenever 
called upon, to Congress respecting the workings of his office. 
He prepares the Federal Blue Book or Biennial Register of all 
the government employes, keeps the return office in which are 
filed the contracts made in the Departments of War, Navy, and 
Interior, controls the Yellowstone Park, and publishes at the 




DEPARTMENT OF THE INTERIOR. 




PENSION OFFICE. 



24S 



244 POLITICAL HISTORY OF 

close of each session of Congress ii,ooo copies of the laws just 
passed. Like all the other Departments, this is divided into 
Bureaus and Divisions devoted to certain duties, that the entire 
work of the Department may be carried on in an orderly manner. 
Perhaps the most important is the 

GENERAL LAND OEFICE.— This was a part of the 
Treasury Department until the creation of the Interior Depart- 
ment. Quite early, the matter of disposing of the Public lands 
became important, and a Land office was created by act of April 
25, 181 2. This question of selling public lands and disposing 
of the proceeds was for over half a century actively political, and 
not until the passage of the Homestead laws, beginning in 1862, 
did a satisfactory method of dealing with them exist. 

The duties of the General Land Office are attended to by a 
Commissioner, who acts under the Secretary of the Interior. 
These duties relate to the surveying and plotting of public 
lands, their sale, and the issuing of patents for those sold. There 
are local Land offices, numbering sixteen, in all the States and 
Territories containing public lands for sale. These are presided 
over by U. S. Surveyors-General. The Surveyor-General em- 
ploys surveyors, draughtsmen, and clerks who are engaged in 
the active work of field surveys. This work of surveying, plot- 
ting, dividing, and giving metes and bounds to public lands is 
always going on. At first townships are formed, six miles 
square, with true east and west and north and south boundaries, 
and the four corners are located and marked. Then each 
township is cut in sections one mile square, or 640 acres each, 
and these are subdivided into quarter sections of 160 acres 
each. They are all numbered and booked, and are known, 
referred to, sold, and patented according to their number and 
range. 

The actual selling of the lands is done through still another 
set of offices more numerous than those of the Surveyors, and 
located at all available points. They are known as Land offices 
too, but they are Registers' and Receivers' offices, being presided 
over each by a Register and Receiver. His business is to make 
final disposition of the lands to the actual applicant or settler, 



THE UNITED STATES. 245 

give him title and possession, collect the fees and purchase- 
money, and account to the government. 

PUBLIC LANDS. — These formerly existed in every State 
outside of the original thirteen, but they now exist only in the 
Territories, and to a greater or less extent in Alabama, Arkansas, 
Louisiana, Mississippi, Missouri, Michigan, Minnesota, Kansas, 
Nebraska, Iowa, Wisconsin, Florida, California, Nevada, Oregon 
and Colorado. The public lands are being disposed of very 
rapidly. Figures respecting surveys and sales are almost daz- 
zling. The sales for 1883 amounted to 16,830,000 acres, the 
largest on record. In 1873 they only amounted to 3,793,000 
acres, but they always fall off during hard times. 

PUBLIC LAND SYSTEM.— It may be said in general that 
public lands are of two classes, one rating at ^1.25 per acre, the 
other at ;^2.50 per acre. There are four ways of getting posses- 
sion : 1st, under the Homestead act; 2d, under the Pre-emption 
laws ; 3d, under the Timber Culture act; 4th, under the Military 
bounty act. The Homestead act provides that any head of a 
family, or person over 2 1 years, a citizen or one who has declared 
his intentions, may enter a homestead of 160 acres, or alternate 
80 acres, of surveyed land. He must pay the entry fees, from 
$y to ;^22, take possession and be an actual settler for five years, 
pay the government price, and get the title. Under the pre- 
emption laws the same class of persons may enter any unsur- 
veyed, offered, or unoffered lands, and by payment of fees, and 
proof of actual settlement, hold a section of the same against 
sale to any one else. He must make final proofs and payments 
as under the Homestead act, in order to complete his title. Title 
to a section of land may be acquired by a soldier who holds a 
bounty land-warrant, said land-warrant being good payment for 
the land as far as it goes. But the government has never issued 
many of such land-warrants. Title may be secured under the 
Timber Culture acts of 1873-78, by any actual settler who culti- 
vates for two years five acres of trees. Such an one gets 80 
acres; and 160 acres if he cultivate ten acres of trees. His 
patent will be issued free at the end of three years, on proof of 
what he has done, The design is to encourage timber culture 



246 POLITICAL HISTORY OF 

on farm land. Of course nothing in these acts prevents a cash 
purchaser at the pubHc auction of these lands from acquiring 
patented title. 

These acts all refer to the sale of Agricultural lands. The Min- 
eral lands are located and disposed of under another set of regu- 
lations, which miners and mining companies alone are interested 
in, though all are open to the ordinary private citizen. After 
i860 the policy of giving government aid to Railroads, chiefly 
those through to the Pacific, in the shape of large grants of 
public lands, became popular for a time, but is so no longer. 
The public lands yet unsold amount to 1,814,793,938 acres. 

PENSION OFFICE.— This important branch of the Depart- 
ment of the Interior is presided over by the Commissioner of 
Pensions. Our pension system began with the government and 
was conducted by the Secretary of War until 1833. Then a 
Pension Office was created which remained with the War De- 
partment till the establishment of the Interior Department in 
1849. C)ur government has always been liberal in its payment 
of pensions to soldiers and their families. Not a year has 
elapsed since the starting of the government that a good round 
sum has not been paid in the shape of pensions. The average 
up to 1 81 5 would be about ;^ 100,000 yearly. From that time on 
till 1865 the average would be fully ;^2,000,000 annually. Since 
then the figures have assumed enormous proportions, owing to 
the fact that the civil war greatly increased the list of pensioners, 
and the further fact that Congress has exceeded all former liber- 
ality by dating the payment of pensions back to the time of in- 
jury or deprivation, instead of beginning it with the date on 
which the pension is granted. Our pension system does not 
reach the Civil Service as in England, if we except the retiracy 
of Judges of the United States Courts, who may, since 1869, 
retire at seventy with full salary for life, if they have served ten 
years continuously. The total cost of the system for 1886 was 
;^63,404,864, and in 1888, ^80,000,000 were asked for. 

COMMISSIONERS DC/TIES.— Hq must hear through his 
examiners, surgeons, etc., all applicants for pensions, grant pen- 
sion papers to the meritorious, investigate frauds, issue bounty 



THE UNITED STATES. 247 

land-warrants, and do all that this elaborate and expensive 
system requires of him. 

In paying pensions he is assisted by Pension Agents, located 
at offices throughout the country called Pension Agencies. 
There are now seventeen of these, located at Boston, Chicago, 
Columbus, Concord, Des Moines, Detroit, Indianapolis, Knox- 
ville, Louisville, Milwaukee, New York, Philadelphia, Pittsburg, 
St. Louis, San Francisco, Syracuse, Washington, D. C. 

The manner of applying for pensions is carefully guarded by 
formalities, oaths, examinations, etc., as it must necessarily be, 
owing to the great number of applicants and the inducement 
to raise fictitious cases. The rate of pension paid is regulated 
by the character of the disability and the rank of the pensioner. 
Widows of soldiers killed in service are entitled, and orphans 
under sixteen. In addition to pension each soldier is entitled to 
periodical allowance for an artificial limb or eye, if compelled to 
use such. 

INDIAN BUREAU.— 'K Bureau of Indian Affairs was estab- 
lished as early as 1832, and became connected with the Interior 
Department in 1849. ^^^ chief officer is a Commissioner of 
Indian Affairs. The active work of the Bureau is done among 
the Indians at Agencies, and by Agents, of which there are 
some seventy, situated so as to accommodate the respective 
tribes. 

The government has from time to time made treaties with 
different tribes, allotted reservations to others, and entered upon 
a variety of contracts, possible and impossible, according to the 
whim of the natives, many of which are but little better than 
agreements to support whole tribes in idleness. The fulfillment 
of these compacts makes what are called our Indian relations. 
These it is the business of the Commissioner of Indian Affairs 
to superintend. The fact that such superintendence never served 
to ameliorate the condition of the Indian gave rise to a Board 
of Indian Commissioners, composed of intelligent and charitably 
disposed men, appointed by the President, and who serve with- 
out pay, whose duty it is to supervise all moneys appropriated 
for Indians, and inspect food and clothing purchased for their use. 



248 POLITICAL HISTORY. 

The necessity for such commission is a confession that the 
government either had not conducted or could not conduct its 
Indian affairs properly : both of which were doubtless true, in 
the absence of a clearly defined Indian policy, which no more 
exists to-day than when the Cavalier and Puritan landed. 

PATENT OFFICE. — This interesting office is under the 
immediate supervision of a Commissioner of Patents. 

The name of the office suggests its use. The first act relating 
to patents was that of April lo, 1790. It authorized the grant- 
ing of patents by the Secretary of State, after consultation with 
the Secretary of War and Attorney-General, though either could 
act on his own responsibility. The present office and something 
like the present system was created by act of March 3, 1849, in 
connection with the Interior Department. But it was not until 
the act of July 8, 1870, that the existing system took full shape 
and vigor. 

The model-rooms of the Patent Office were begun in 1836. 
They were greatly enlarged, and quite well filled with models, 
when the fire of Sept. 24, 1877, destroyed some 87,000 of them, 
besides other interesting historic relics. They have been again 
enlarged and are rapidly filling up with evidences of American 
genius and skill. 

Patents are granted only after full designs or models have been 
presented and examined by experts, and something found therein 
" new and useful, not known or used by others in this country, 
and not patented or described in print in this or any other 
country." A patent for an original invention runs for seventeen 
years. A patent for a design may run from three and a half 
years to fourteen years. 

CENSUS OFFICE. — The Secretary of the Interior is charged 
with the duty of taking each decennial census, through and by 
means of a Superintendent of Census. The active work of 
enumeration is done by means of Supervisors of districts, 
specially appointed. These send out enumerators into all the 
subdivisions of a district, who gather the facts and figures from 
the people, and return them in a given time. When they 
reach the Central Office at Washington they are tabulated and 



260 POLITICAL HISTORY OF 

printed in the form of Census Reports. The work of census-taking 
is important, and it is to be regretted that it has never reached, 
in this country, the perfection it has in some others. This may 
seem strange in view of the fact that the United States was the 
first nation to provide in its fundamental law for a periodical 
count of its people. The first census under the Constitution 
was taken in 1790. They have been taken every ten years 
since, and the results duly published. The ^early censuses con- 
tained but little more than an enumeration of the people. The 
omission of statistics and facts relating to the industries of the 
country caused a general overhauling of the census methods in 
1 849. By act of March 3 of that year a Census Board was created, 
composed of the Secretary of State, Postmaster-General and 
Attorney-General, to prepare a plan for the census of 1850. 
This resulted in an act of May 23, 1850, creating a Census 
Office in the Department of the Interior, with a Superintendent, 
as above noted. Since then the census inquiries have been 
framed so as to cover not only population, but age, nationality, 
physical and mental condition, social matters, churches, schools, 
industrial establishments, farms, products of every kind, and 
whatever will contribute to knowledge of our wealth, progress 
and actual status as a people. One hundred inquiries could be 
addressed to the citizen by the census enumerator, but no more. 
The three censuses taken under the act of 1850 were great ad- 
vances on those taken before, and their results form a set of 
volumes which are indispensable to historians, statisticians and 
students of social problems. Still the act was defective, and the 
machinery under it clumsy and uncertain. An attempt was 
made to remedy it by the census act of 1880. It is not yet time 
to say whether the attempt has been a success or a failure. It 
has certainly not resulted in a prompter receipt, tabulation and 
publication of the returns, though those already perfected show a 
completeness and utility beyond all others. 

BUREAU OF EDUCATION.—This Bureau was created by 
act of March 2, 1867, and attached to the Department of the 
Interior. Its Chief is a Commissioner of Education. The 
business of the Bureau is to collect, publish and disseminate 



THE UNITED STATES. 251 

among the people such information touching schools and school 
systems as will enable them to keep pace with modern improve- 
ments in school organization and management, and meet the 
national desire to overcome illiteracy wherever it exists. The 
Bureau was a noble conception, and its work bears on vital 
points, for our Republic is ever confronting the dangers that 
lurk in illiteracy. 

RAILROAD ACCOUNTS.— ThQ Bureau was established in 
1878, and connected with the Interior Department. It was made 
necessary by the new policy of the government extending aid to 
the Pacific and other railroads. The aid to build these long, 
through and necessary lines was either by guarantee of their 
bonds or by gift of public lands. In either event the govern- 
ment felt that it should exercise a control over the management 
of such roads to the extent of auditing their accounts and seeing 
that all acts of Congress in their interest were respected. This 
is the duty of the Bureau of Railroad Accounts, whose chief is 
called Auditor. 

CAPITOL ARCHITECT— This officer has control of the 
Capitol repairs and Capitol grounds. 

GEOLOGICAL SUR VEY. -Under the head of Public Lands 
we saw they were divided into Agricultural and Mineral Lands. 
This division requires a knowledge of their geological structure 
and underground resource. For this purpose the Geological 
Survey was established in 1879. Its chief is called Director of 
the Geological Survey. The annual appropriations for carrying 
on this work of examining and classifying public lands according 
to their mineral substances and worth average ^100,000. 

OTHER ADJUNCTS.— ThQ Secretary of the Interior was 
in 1877 authorized to appoint a Commission of Entomologists 
to inquire into the visitation of the Rocky Mountain Locusts 
and devise means for suppressing their annual invasions. He 
appoints by law a Recorder of Deeds and Register of Wills for 
the District. of Columbia. With his Department is connected 
the management of the Government Hospital for the Insane. 
This noble institution, erected at a cost of ^500,000, and contain- 
ing nearly i ,000 inmates, is designed for the care and treatment 



252 



POLITICAL HISTORY OF 



of the insane of the Army and Navy and the indigent insane of 
the District of Columbia. It was founded in 1855 and stands 
on a conspicuous bluff south of the Anacostia River, in full view 
of the Capitol. So also it has the management of the Columbia 
Institution for the Instruction of the Deaf and Dumb, established 
in 1857, located at Washington, and designed for the free edu- 
cation of the deaf and dumb of the District of Columbia, and 
the paid education of pupils from all the States and Territories. 
The Freedmen's Hospital and Columbia Hospital for Women 
are also under the general superintendence of the Interior 
Department. 



SECRETARIES OF 

Name, Appointed. 

Thomas H. Ewing, Ohio... Mar. 8, 1849 
Alex. H. H. Stuart, Va... .Sept. 12, 1850 
Robert McClelland, Mich. .Mar. 7, 1853 

Jacob Thompson, Miss Mar. 6, 1857 

Caleb P. Smith, Ind Mar. 5, 1861 

John P. Usher, Ind Jan. 8, 1863 

James Harlan, Iowa.... . . .May 15, 1865 

O. H. Browning, 111 July 27, 1866 

Jacob D. Cox, Ohio Mar. 5, 1869 1 



THE INTERIOR. 

Name. Appointed. 

Columbus Delano, Ohio. .Nov. i, 1870 
Zachariah Chandler, Mich.Oct. 19, 1875 

Carl Schurz, Mo Mar. 12, 1877 

S. J. Kirkwood, Iowa Mar. 5, 1881 

Henry M. Teller, Col April 6, 1882 

Lucius Q. C. Lamar, Miss. Mar. 6, 1885 
Wm. F. Vilas, Wis Dec. 5, 1887 



THE POST-OFFICE DEPARTMENT. 

The government comes down closer to the people through the 
Post-Office Department than any other. It intimately concerns 
all of us and exists for our accommodation in the matter of 
correspondence with friends and business folk at home and 
abroad. The Constitution, Art. I., Sec. 8, authorizes the estab- 
lishment of Post-offices and Post-roads. This is not peculiar to 
our government. All civilized powers assume to do the same 
thing for their people, and nearly all in the same way, so much 
so at least that what is known as a Postal Union has become 
possible, whereby different countries agree to recognize our 
stamps on letters and engage to carry them through their mails, 
we doing the same toward their stamps and with their letters. 
This wonderful triumph of political civilization brings the peo- 
ple of all countries in the Postal Union as closely together as if 
they were of one country. 

The earliest Post-Office System in our country arose under 
act of Sept. 22, 1789. It was a crude affair, run in connection 



THE UNITED STATES. 253 

with the Treasury Department, though presided over by an 
officer called the Postmaster-General, as to-day. There were 
then 75 post-offices in the country, and the routes extended over 
1,875 miles. It cost the country in 1790, ;^32,I40, and the re- 
ceipts were ;^37,935. Now there are in round numbers 54,000 
post-offices, a routeage of 372,000 miles, an annual revenue of 
;^44,ooo,ooo, and an expenditure somewhat in excess of this 
revenue. Mail facilities are enjoyed by the people in even 
remote places. It has always been the policy of the government 
to favor this method of intercommunication not more for purposes 
of business than to foster exchange of thought and a truly educa- 
tional spirit. It has never been a part of this policy to make 
money out of the system. The cost has therefore, as a rule, 
been in excess of the profit, measured in strict dollars and cents. 
As the profit approximated the cost, there has been a reduction 
of rates of postage. Many are yet alive who remember the old 
letter rate of six cents and over, and very many who remember 
the five-cent rate. Then came the uniform rate of three cents 
for every two ounces, and in 1883 the two-cent rate. It is very 
probable that a one-cent rate will prevail before the end of the 
century, for the system proves that cheapness of rate is more 
than met by increased amount of matter mailed, especially in 
populous communities. 

A great stride was made in our postal system by act of May 
8, 1794. But in 1829 the grand step was taken which made it 
a separate system. Then the Post-Office Department was de- 
tached from the Treasury Department, and the Postmaster-Gen- 
eral made responsible for its management. He became a mem- 
ber of the Cabinet, and a direct adviser with the President. 

DUTIES OF POSTMASTER.— ThQ general duties of the 
Postmaster-General are to conduct the multiform and intricate 
accounts of the postal service ; originate and distribute books, 
blanks and forms ; establish and discontinue post-offices ; appoint 
postmasters ; negotiate postal treaties with foreign countries ; 
report to Congress annually the condition of his office ; execute 
all laws relating to the postal service. He has more appoint- 
ments than any other Department official, and his responsibility 



254 POLITICAL HISTORY OF 

never ceases till it reaches down into the very bosom of the 
masses. 

POST-OFFICES. — The machinery of the Department is 
largely outside of it, and it works in every city, hamlet and far 
corner of the land. The postal routes are established by law. 
They are not always wisely laid down at first, but time and the 
drift of settlement generally cure all defects. The Department, 
following the routes, establishes post-offices, appoints postmasters 
and places the people in contact with the service. All this is 
fully in the hands of the Department. Postmasters receiving 
over ;^ 1, 000 salary must have their nominations confirmed by 
the Senate, and as a rule they are appointed by the President. 
All minor appointments' are made by the Postmaster-General 
directly. Postmasters are graded, and paid accordingly. 

OTHER FEATURES. — The postal system has been very 
growthy, and prolific of many new features, all tending to make 
it more convenient and safe. The sending of money in small 
sums by mail was a constant invitation to robbery and led to 
many losses. The attempt to secure greater safety by means of 
a registry of letters did not amount to much. Then the money 
order feature was introduced, by which money can be sent with 
entire safety. Sums up to ;^5o can thus be sent from one Money 
Order Office, payable at another. There are now 6,500 of these 
offices, and the amount transmitted through them annually 
aggregates several millions. They are the poor man's bank, 
through which he can send drafts to any part of this country 
and to many foreign countries. The propriety of a postal-sav- 
ing bank has often been mooted. But we are not yet quite far 
enough on for such an advantageous feature. 

The Postal Note feature was authorized in 1883. A deposit 
of less than ^5 at any Money Order Office will entitle one to a 
note for the amount of his deposit less a fee of three cents, 
which he can use as money for 90 days, and which will be re- 
deemed at any Money Order Office on demand. It is a handy 
note for transmission by letter. 

The Letter Carrier feature is a modern one. It exists, or may 
exist, in any city with a population of 20,000, or in which the 



THE UNITED STATES. 



255 



post-office yields ;^20,ooo a year. In such cities carriers gather 
and dehver the mail matter, to the great convenience of business 
men. 

The Railway Service is also a new feature. By law all navi- 
gable waters of the United States, all canals and railroads, are 
established postal routes, and the mails were carried thereon in 
the ordinary pouches, the distribution being made at some 
central office. The Railway Service introduced on the Rail 
routes a Postal car or cars, officered by mail agents whose duty 
it is to collect and distribute all the mail matter on that route. 
It is a post-office on wheels, and a very complete and popular 
institution. 



POSTMASTERS-GENERAL. 



Name. 
Samuel Osgood, Mass. . . . 
Timothy Pickering, Pa... . 
Joseph Habersham, Ga... . 
Gideon Granger, Conn... . 
Return J. Meigs, Jr., Ohio. 

John McLean, Ohio 

William T. Barry, Ky. . . . 

Amos Kendall, Ky 

John M. Niles, Conn 

Francis Granger, N. Y 

Charles A. Wickliffe, Ky.. 

Cave Johnson, Tenn 

Jacob Collamer, Ver 

Nathan K. Hall, N. Y 

Samuel D. Hubbard, Conn. 

James Campbell, Pa 

Aaron V. Brown, Tenn.. . 



Appointed. 
Sept. 26, 1789 
Aug. 12, 1 79 1 
Feb. 25, 1795 
Nov. 28, 1801 
Mar. 17, 1814 
June 26, 1823 
Mar. 9, 1829 
May I, 1835 
May 25, 1840 
Mar. 6, 1 84 1 
Sept. 13, 1841 
Mar. 6, 1845 
Mar. 8, 1849 
July 23, 1850 
Aug. 31, 1852 
Mar. 5, 1853 
Mar. 6, 1857 



Name. 

Joseph Holt, Ky 

Horatio King, Me 

Montgomery Blair, Md... 
William Dennison, Ohio. 
Alex. W. Randall, Wis.. . 
John A. J. Cresswell, Md, 
Marshall Jewell, Conn.... 

James N. Tyner, Ind 

David McK. Key, Tenn. 
Horace Maynard, Tenn., 
Thomas L. James, N.^Y. 
Timothy O. Howe, Wis.. 
Walter Q. Gresham, Ind. 

Frank Hatton, Ohio 

Wm. F. Vilas, Wis 

D. M. Dickinson, Mich..., 



Appointed. 
.Mar. 14, 1859 
.Feb. 12, 1861 
Mar. 5, 1861 
.Sept. 24, 1864 
July 25, 1866 
.Mar. 5, 1869 
.Aug. 24, 1874 
.July 12, 1876 
.Mar, 12, 1877 
.June 2, 1880 
.Mar. 5, 1881 
.Dec. 20, 1881 
.April 3, 1883 
.Oct. 14, 1884 
.Mar. 6, 1885 
.Dec. 5, 1887 



DEPARTMENT OF JUSTICE. 

The presiding officer of this Department is the Attorney-Gen- 
eral, who is appointed by the President, and is a member of the 
Cabinet. His salary is ;^8,ooo. 

The act of 1789 authorizing an Attorney-General empowered 
him to ** conduct all suits for the United States in the Supreme 
Court, give his advice and opinion on questions of law when re- 
quested by the President or heads of Departments." 

By act of 1861 he has charge of Attorneys and Marshals in 
all the Judicial Districts in the United States and Territories. 
He is not only legal adviser of the President and heads of De- 
partments, but must examine all titles to lands for public build- 



256 



POLITICAL HISTORY OF 



ings, forts, navy yards, etc. ; report to Congress the condition of 
his office; distribute U. S. statutes to the lower courts; designate 
the places of confinement for criminals under U. S. laws. He is 
a useful and invaluable official in the executive branch of the 
government, and ought to be well informed in both the law and 
practice of the U. S. Courts. The position is highly honorable 
and has been held by some of the brightest legal minds of the 
country. 



ATTORNEYS-GENERAL. 



Name. Appointed. 

Edmund Randolph, Va. . .Sept. 26, 1789 
William Bradford, Pa. . . .Jan. 27, 1794 

Charles Lee, Va Dec. 10, 1795 

Theophilus Parsons, Mass. .Feb. 20, 1801 

Levi Lincoln, Mass Mar. 5, 1801 

Robert Smith, Md Mar. 3, 1805 

John Breckinridge, Ky... .Aug. 7, 1805 
Csesar A. Rodney, Pa. . . .Jan. 28, 1807 
William Pinkney, Md. . . .Dec. ii, 181 1 

Richard Rush, Pa Feb. lo, 1814 

William Wirt, Va Nov. 13, 181 7 

John M. Berrien, Ga Mar. 9, 1829 

Roger B. Taney, Md July 20, 1831 

Benj. F. Butler," N. Y Nov. 15, 1833 

Felix Grundy, Tenn July 5, 1838 

Henry D. Gilpin, Pa Jan. II, 1840 

John J. Crittenden,. Ky Mar. 5, 1841 

Hugh S. Legare, S. C. . . .Sept. 13, 1841 

John Nelson, Md July i, 1843 

John Y. Mason, Va Mar. 6, 1845 

Augustus H. Garland 



Name. 

Nathan Clifford, Me 

Isaac Toucey, Conn 

Reverdy Johnson, Md. . . . 
Jno. J. Crittenden, Ky. . . . 

Caleb Gushing, Mass 

Jeremiah S. Black, Pa. . . . 
Edwin M, Stanton, Pa. . . , 

Edward Bates, Mo. . 

T. J. Coffee [ad. in.), Pa.., 

James Speed, Ky 

Henry Stanbery, O 

William M. Evarts, N. Y., 
E. Rockwood Hoar, Mass, 
Amos T. Akerman, Ga.. .. 
Geo. H. Williams, Oregon 
Edwards Pierrepont, N. Y. 

Alphonso Taft, Ohio 

Charles Devens, Mass . . . , 

Wayne McVeagh, Pa 

Benj. H. Brewster, Pa 

, Ark., Mar. 6, 1885. 



Appointed. 
Oct. 17, 1846 
June 21, 1848 
Mar. 8, 1849 
July 22, 1850 
Mar. 7, 1853 
Mar. 6, 1857 
Dec. 20, i860 
Mar. 5, 1861 
June 22, 1863 
Dec. 2, 1864 
Jan. 23, 1866 
,July 15, 1868 
,Mar. 5, 1869 
June 23, 1870 
,Dec. 14, 1871 
April 26, 1875 
May 22, 1876 
Mar. 12, 1877 
Mar. 5, 1881 
Dec, 19, 1881 



DEPARTMENT OF AGRICULTURE. 

The officer in charge is the Commissioner of Agriculture. 
The Agricultural Bureau was created in 1862, and only lately- 
erected into a separate Department. Its chief is not a Cabinet 
officer. The Department is designed to be the centre toward 
which shall be attracted information respecting agriculture and 
whence it shall flow to all the people. It is further a Depart- 
ment of experiments with agricultural products and industries 
and a source of supply for new and rare seeds and plants. The 
Commissioner is expected to correspond with scientists in all 
countries, collect statistics bearing on agricultural subjects, pub- 
lish such works as will best spread the information he gathers, 
investigate diseases of domestic animals, inquire into the nature 



i 



THE UNITED STATES. 257 

and prevention of injury to crops by insects, worms, birds and 
all enemies of plants and grains. Much is hoped of this youth- 
ful Department. The propagating garden and museum attached 
to it are already interesting. 

JUDICIAL DEPARTMENT. 

USES OF THE JUDICIARY.— T\iQ third co-ordinate de- 
partment of the national government is the Judicial Department, 
or The Judiciary. The existence of such a Department, or 
branch of the government, with functions independent of and 
separate from the legislative and executive branches, yet co- 
ordinate with them, is indispensable to the safety of a free gov- 
ernment. Wherever there is no judiciary to interpret, pronounce 
and execute laws, two things must happen, ist. Either the 
government will perish through sheer weakness and confusion, 
or, 2d, the judicial power will be absorbed by the other two 
branches to the utter extinction of civil and political liberty. 
Montesquieu has wisely said: "There is no liberty if the judi- 
ciary be not separated from the legislative and executive power." 
And Judge Story says : " In the national government the judicial 
power is equally as important as in the States. The want of it 
was a vital defect in the Confederation. Without it the laws of 
the Union would be perpetually in danger of being controverted 
by the laws of the States. The national government would be 
reduced to a servile dependence on the latter for the due execu- 
tion of its powers, and we should have reacted over again the 
same solemn mockery which began in the neglect and ended in 
the ruin of the Confederation. Power without adequate means to 
enforce it is like a body in a suspended state of animation. For 
all practical purposes it is as if its faculties were extinguished. 
A single State might under such circumstances, at its mere 
pleasure, suspend the whole operations of the Union." 

The two grand uses of the Judiciary are (i) to execute the 
powers of the government. In this it co-operates directly with 
the Executive branch, while it acts independently of it. (2) It 
secures uniform and certain operation of those powers and of 
the laws made under them. In this it co-operates with the Legis- 

17 



258 POLITICAL HISTORY. 

lative branch, helping it here and checking it there, making its 
edicts certain in results, and assuring the people against the 
oppression of unconstitutional enactments. 

SUPREME COURT.— ''The judicial power of the United 
States shall be vested in one Supreme Court and in such inferior 
courts as the Congress may from time to time ordain and estab- 
lish. The judges of both the Supreme and inferior courts shall 
hold their offices during good behavior, and shall at stated times 
receive for their services a compensation which shall not be 
diminished during their continuance in office."^Art. III., Con. 

Thus the establishment of a Supreme Court is imperative. 
The establishment of inferior courts is left to the discretion of 
Congress. Congress has acted promptly in both instances. 
A.mong its first acts was one looking to the formation of the 
Supreme Court, and subsequent acts passed in obedience to the 
demands of legal business have contributed to the formation of 
our present imposing judicial system. 

The Supreme Court of the United States is the highest tribu- 
nal, or court of last resort, in the nation. Its decisions settle 
finally the law of the land. It has both original and appellate 
jurisdiction. Its original jurisdiction extends to civil causes in 
which a State is a party, which involve public ministers and 
matters affecting the marine. Its appellate jurisdiction is general; 
that is, it must hear all appeals from the Circuit and District 
Courts. 

It consists of a Chief Justice and eight Associate Justices. 
The former receives ;^ 10,500, and the latter receive •;^ 10,000 a 
year. They are appointed by the President, by and with the 
advice and consent of the Senate. Their appointment is for life 
or good behavior, though by a recent enactment they may re- 
tire at seventy years of age and still draw their pay, provided 
they have held their commissions for ten years.* They are thus 
removed as far as possible from party influences. 

The number of Judges of the Supreme Court has not always 

* Under this act three Justices have already withdrawn, viz., Noah H. Swayne, 
Ohio ; William Strong, Pa.j and Ward Hunt, N. Y., their salary of ^10,000 being 
Continued. 




CHIEF JUSTICE ROGER B. TANEY. 




CHIEF JUSTICE JOHN MARSHALL. 



259 



260 



POLITICAL HISTORY. 



remained the same. At its first sessioa in 1790 it consisted of a 
Chief Justice and five Associates. The Associates were increased 
to six in 1807, to eight in 1837, to nine in 1863, In 1865 they 
were decreased to eight, and in 1 867 to seven, but were increased 
to eight in 1870. 

The Supreme Court must hold one regular term a year, com- 
mencing on the second Monday in October, and such special 
terms as is necessary. Its regular sessions are always at the 
Capitol. 

CHIEF JUSTICES OF UNITED STATES SUPREME COURT. 



Term of service. 

John Jay, N. Y 1789-95 

John Rutledge, S. C ^ 795-95 

Oliver Ellsworth, Conn 1 796-1 800 

John Marshall, Va 1801-35 



Term of service. 

Roger B, Taney, Md 1836-64 

Salmon P. Chase, O 1864-73 

Morrison R. Waite, O 1873-. . 



ASSOCIATE JUSTICES OF UNITED STATES SUPREME COURT. 



Term of service. 

John Rutledge, S. C 1789-91 

William Cushing, Mass 1789-1810 

James Wilson, Pa 1 789-98 

John Blair, Va 1789-96 

Robert H. Harrison, Md 1789-90 

James Iredell, N. C 1790-99 

Thomas Johnson, Md 1791-93 

"William Patterson, N. J 1793-1806 

Samuel Chase, Md 1 796-181 1 

Bushrod Washington, Va. . . . 1 798-1 829 

Alfred Moore, N. C 1799-1804 

William Johnson, S. C 1804-34 

Brockholst Livingston, N. Y. .1806-23 

Thomas Todd, Ky . . . . .* 1807-26 

Joseph Story, Mass 1811-45 

Gabriel Duval, Md 181 1-36 

Smith Thompson, N. Y 1823-43 

Robert Trimble, Ky 1826-28 

John McLean, O 1829-61 

Henry Baldv^dn, Pa 1830-46 

James M. Wayne, Ga 1835-67 

Philip P. Barbour, Va 1836-41 



Term of servic«. 

John Catron, Tenn 1837-65 

John McKinley, Ala 1837-52 

Peter V. Daniel, Va 1841-60 

Samuel Nelson, N. Y 1845-72 

Levi Woodbury, N. H 1 845-5 1 

Robert C. Grier, Pa 1846-69 

Benjamin R. Curtis, Mass. . . . 1851-57 

John A. Campbell, Ala 1853-61 

Nathan Clifford, Me 1858-81 

Noah H. Swayne, 1861-81 

Samuel F. Miller, Iowa 1862-. . 

David Davis, 111 1862-77 

Stephen J. Field, Cal 1863-. . 

William M. Strong, Pa 1870-80 

Joseph P. Bradley, N. J 1870-. . 

Ward Hunt, N. Y 1872-82 

lohn M. Harlan, Ky - 1877-. . 

William B. Woods, Ga 1880-. . 

Stanley Matthews, O 1881-. . 

Horace Gray, Mass 1881-. . 

Samuel Blatchford, N. Y 1882-. . 

Lucius Q. C. Lamar, Miss. ...1888-. . 



CIRCUIT COURTS.— An important part of the U. S. Judi- 
ciary, and second to the Supreme Court, are the Circuit Courts. 
There are nine of these Courts now, or rather nine Judicial Cir- 
cuits or Districts,* say one for each Judge of the Supreme Court. 

■^ Care must be taken not to confound the Circuit with the District. There are 
nine Circuit Districts, each composed of a number of minor Districts, no one of 
which can be smaller than a State. 



i 




CHIEF JUSTICE SALMON P. CHASE. 




CHIEF JUSTICE MORRISON R. WAITE. 



261 



262 ^ POLITICAL HISTORY OF 

In order to facilitate the work of the Supreme Court, the entire 
country is thus divided into these nine Judicial Circuits or Dis- 
tricts, and a Judge of the Supreme Court is assigned to each 
District, which he is expected to visit at least once in two years. 
He is thus said to make his circuit; whence the name, Circuit 
Court. The Chief Justice of the Supreme Court takes his cir- 
cuit with the rest. The Circuit for the respective Judges is 
determined by allotment. Though this Supreme Court Judge is 
really the presiding officer in each Circuit Court, it is easy to see 
that such Court must be closed a great part of the time if 
its operation depended on his presence. The Supreme Court 
judges are busy most of the year with their session at the Cap- 
ital. Even when on a circuit made up of several States, they 
must with difficulty hold a court in each State, which they are 
required to do. There is, therefore, appointed for each of the 
Circuits a permanent Circuit Judge, who holds the Sessions of 
the Circuit Courts, and who is visited by the allotted Supreme 
Court Judge, and assisted by him when he appears. Each of 
these Circuit Judges receives a salary of ;^6,ooo a year. They 
are appointed by the President by and with the advice and con- 
sent of the Senate. 

These Circuit Courts being minor courts are not courts of 
final resort. They are, however, appellate courts for many pur- 
poses, appeals being taken to them from the District Courts, as 
we shall see. They have original jurisdiction of a class of causes 
denied to the District Courts, but for the most part have con- 
current jurisdiction with the latter. The Circuits are numbered 
from one to nine, and are sometimes familiarly spoken of as 
Justice So-and-So's Circuit, after the name of the Justice allotted 
to it. 

The First Judicial Circuit embraces the districts of Maine, 
New Hampshire, Massachusetts, and Rhode Island. 

The Second Judicial Circuit embraces the districts of Ver- 
mont, Connecticut, and New York. 

The Third Judicial Circuit embraces the districts of New 
Jersey, Pennsylvania, and Delaware. 

The Fourth Judicial Circuit embraces the districts of Mary- 
land, West Virginia, Virginia, North and South Carolina. 



i 



THE UNITED STATES. 263 

The Fifth Judicial Circuit embraces the districts of Georgia, 
Florida, Alabama, Mississippi, Louisiana, and Texas. 

The Sixth Judicial Circuit embraces the districts of Ohio, 
Michigan, Kentucky, and Tennessee. 

The Seventh Judicial Circuit embraces the districts of Indiana, 
Illinois, and Wisconsin. 

The Eighth Judicial Circuit embraces the districts of Min- 
nesota, Iowa, Missouri, Kansas, Arkansas, Colorado, and Ne- 
braska. 

The Ninth Judicial Circuit embraces the districts of California, 
Oregon, and Nevada. 

Appeals from the Circuit Courts are direct to the Supreme 
Court. An act of March 3, 1875, gave the Circuit Courts con- 
current jurisdiction with State Courts in a large number of cases 
arising under the Constitution and treaties of the United States, 
and likewise concurrent jurisdiction with the District Courts. 

DISTRICT COURTS. — :In order to further facilitate judicial 
work and give greater convenience to the people, the National 
Judiciary is again divided into a lower grade of Courts, called 
District Courts. Perhaps it would be better to say the country 
is divided into a number. of judicial districts, in each of which is 
a District Court presided over by a District Judge. Twenty-two 
of the States are each a Judicial District. The others are divided 
into two and three Judicial Districts, according to population and 
the amount of business transacted. The salaries of the District 
Judges range from ^5,000 to ;^3,500. They are a more popular 
court than the Circuit Court, because closer to the people, and 
as we have seen, their jurisdiction is nearly the same ; the same, 
in fact, where there is no Circuit Cotirt ; and indeed, a Dis^trict 
Judge, or two of them sitting together, may hold a Circuit Court. 
There are now fifty-nine Judicial Districts (there must be at least 
one in each State), and the same number of District Courts and 
Judges, District Attorneys, District Clerks and Marshals. All 
of these officers are appointed by the President and Senate, 
except the clerks, who are chosen by the courts. The District 
Attorneys prosecute all delinquents for crimes under United 
States laws, and all civil causes in which the government is con- 



264 POLITICAL HISTORY. 

cerned. The U. S. Marshal has a function analogous to that of 
the County Sheriff 

COURT OF CLAIMS. — This Court was created as late as 
1855, and given enlarged power and increased force in 1863. It 
may be properly classed as a part of the Judicial System of the 
United States, for appeals are had from it to the Supreme Court, 
where the amount involved exceeds ;^3,ooo. It was created as a 
relief to both Congress and the Courts, and has jurisdiction of a 
class of cases founded on laws of Congress, contracts with the 
United States, or on claims against the government, where the 
amount rather than the fact is in dispute, and where final relief 
is to be had through an appropriation by the Congress. It has 
proved a convenient court, because it works more expeditiously 
than a Congressional investigation, and lifts a great number of 
cases above partisan level. It tries cases for and against the 
United States, and in general all matters referred to it by Con- 
gress. Its decisions when favorable to the claimant are reported 
to Congress, and the necessary appropriation follows. Its powers 
and rules of procedure are now akin to those of other courts, 
but proceedings therein are begun by petition, as if the applica- 
tion were made direct to Congress. Its officers are a Chief 
Justice and four Judges, whose salaries are ;^4,500 each. 

SUPREME COURT, D. C—l\\\s> important court is a nec- 
essary part of the Judiciary of the United States, the District of 
Columbia being under a government provided by Congress. It 
is composed of a Chief Justice and four associates, the former at 
a salary of ;^4,500, the latter at ;^4,ooo each. It possesses the 
same jurisdiction as a Circuit Court. Any one of its Justices 
may hold a special term, and when doing so his court ranks as 
a District Court of the United States. It is also a Criminal 
Court for the trial of offences in the District. 

DISTRICT ATTORNEYS— ThQ Attorney-General of the 
United States, appointed by the President, and ranking as a 
Member of the Cabinet, is, in common speech, the District At- 
torney for the Supreme Court. He is the prosecuting officer of 
that court. So the District Attorneys, appointed in the same 
way as the Attorney-General, but in and for their respective dis- 



I 




JUDGE JOSEPH STORY IN JUDICIAL ROBE. 



265 



266 POLITICAL HISTORY OF 

tricts, are the prosecuting attorneys of the District Courts. As 
a general thing there is a District Attorney for each District 
Court, though in one or two States which contain two or more 
Districts there is only one District Attorney. He is the attorney 
for the United States, just as the District Attorney in any county 
of a State is the attorney for the Commonwealth. His duty is 
to prosecute in his District all crimes cognizable under the laws 
of the United States, and all civil actions in which the govern- 
ment is concerned. 

U, S. MARSHALS. — As already indicated these officers are 
attached to every District Court, and their function is similar 
to an ordinary County Sheriff They serve the processes of the 
court, and execute its judgments and decrees. They are equally 
the officers of the Circuit Courts. 

yURIES. — The machinery of the Judiciary would be very 
imperfect without mention of the two kinds of juries in use. 
They are required by the Constitution, see Art. V. of the 
amendments. The Grand Jury is organized, like that in the 
judicial districts of the States, and has the same powers 
and duties. It is that part of the judicial system which first 
inquires into a charge of crime brought against a citizen, and no 
indictment for such crime can be presented to the court unless a 
majority of said jury certify that there are good reasons for be- 
lieving that the charge is well founded. It is the body of citizens 
which stands between a criminal and all petty, spiteful and illy- 
founded charges, and protects him from the annoyance and ex- 
pense of trials without probable cause. When the Grand Jury 
is called by a Circuit Court it must inquire into all the crimes 
against the laws of the United States in that Circuit ; when 
called by a District Court, its inquiries extend only to the District. 

The Petit (small) jury has the same uses and powers as in the 
County Courts. It is called by a Judge of the District or Circuit 
Court, on subpoena, is composed of a panel of forty-eight men, 
from which the usual twelve are selected for the trial of a cause. 
A Grand Jury acts only in criminal cases ; both civil and criminal 
cases are tried before a Petit Jury. The finding of a Grand 
Jury is called a presentment or indictment — a presentment when it 



THE UNITED STATES. 267 

acts from knowledge within itself, an indictment when it acts on 
knowledge derived from the District Attorney, or other person. 
The finding of a Petit Jury is called a verdict. The Grand Jury 
deliberates alone, the Petit Jury hears the evidence as presented 
in court, the pleas of the attorneys and the charge of the judges 
before it retires to deliberate. These remarks apply to Grand 
and Petit Juries in United States as well as State Courts. 

ADMIRALTY COURTS— In remote times, when judicial 
systems were narrow, there arose a set of courts separate from 
those of common law, called Admiralty and Maritime Courts. 
They have separate existence yet in many countries, but here 
Admiralty and Maritime causes are heard in the District Courts 
of the United States, which are thus said to have Admiralty and 
Maritime jurisdiction. There would be little use in keeping up 
this distinction but for the fact that the laws of Admiralty, which 
are laws respecting ships of war and warlike operations at sea, 
and Maritime laws, which are those respecting vessels engaged 
in commerce, are different from those relating to land affairs, and 
are a code in themselves, thus requiring, if not a separate set of 
courts and judges, at least a class of attorneys specially learned 
in Admiralty and Maritime matters. Cases within Admiralty 
and Maritime jurisdiction are not necessarily limited to those 
arising on the sea, but embrace those arising on the lakes and 
navigable rivers of the country. 

GOVERNMENT OF THE TERRITORIES. 

Congress provides a government for the Territories. Its form 
has become stereotyped, and it is in general a miniature of that 
enjoyed by the States. It recognizes the usual division of power 
into three branches. Executive, Legislative and Judicial. 

The Executive power is in a Governor, appointed by the 
President by and with the advice and consent of the Senate, for 
four years. His powers are akin to those of the State Govern- 
ors. He must reside in his Territory, is commander of the 
militia, may grant .pardons and reprieves, commission officers, 
and in general must execute the laws. He has a Secretary, 
appointed for four years, who may act as Governor in case of a 



268 POLITICAL HISTORY. 

vacancy. The salary of a Governor is $2,600 and of a Secretary 
;^ 1,800. 

The Legislative power is vested in a Legislative Assembly, 
composed of a Council and House of Representatives. The 
former is limited to twelve members and the latter to twenty-four. 
They are elected by the qualified voters of the Territory for two 
years. Sessions of the Assemblies are biennial, and limited to 
sixty days. Laws passed by both Houses and signed by the 
Governor are sent to Congress and if approved are operative, if 
not, null and void.* The Legislative power of a Territory is 
necessarily limited to subjects permitted by Congress. Every 
Territory has the right to send a Delegate to the House of Rep- 
resentatives of the United States, with power to speak but not 
to vote. 

The Judicial power of a Territory is in a Supreme Court, 
District Courts, Probate Courts and Justices of the Peace. Pro- 
bates and Justices of the Peace are provided for by the Territory 
itself The Supreme Court is composed of three judges (Dakota 
has four) appointed by the President and Senate. They hold one 
term annually. Then each Territory is divided into three 
Judicial districts, one for each Judge of the Supreme Court. The 
judge assigned to a district must hold court therein as often as 
the laws prescribe, and he must reside in his district after 
assignment. There is a United States Marshal and a District 
Attorney in each Territory, and each court is entitled to a 
clerk and minor officers. The salary of Territorial judges is 
^3,000. 

All of the above is true of the Territories proper, but not of 
the Indian Country nor the District of Columbia. 

The government of the Indian Country is hardly describable. 
It is of course a dependency of the United States, but the 
design is that it shall be as independent as possible. The tribes 
have been assigned land, and left to regulate their internal affairs 
according to their own laws and customs, of course with the 
hope that as they grow civiHzed they will become full-fledged 



* Dakota, Idaho, Montana and Wyoming need not send their laws to Congress 
for approval. 




THE WASHINGTON MONUMENT. 



269 



270 POLITICAL HISTORY. 

citizens, with institutions which will readily take the laws and 
customs of the nation. Crimes against the Indians by whites, 
and against whites by the Indians of this Territory, are taken 
cognizance of by the United States Courts in some of the 
adjoining districts. The government would protect the Indian 
Country against invasion, and the inhabitants thereof against 
such tumult as they could not control, but the theory connected 
with this magnificent reservation is that the inhabitants shall be 
let alone to work out their social, political, industrial and moral 
problems in their own way, or with such help as they choose to 
invite. 

The District of Columbia is governed by a Commission of 
three persons appointed by the President and Senate, one of 
whom must be an officer of the Engineer Corps, above the rank 
of Captain. He receives no additional pay. The other two, 
appointed for three years, from civil life, receive each ;^5,ooo a 
year. They have no powers except those conferred by Congress, 
and they are simply the Agents of Congress to suggest laws 
and execute those which are enacted. They control streets, 
bridges, aqueducts, sewers, appoint the trustees of public 
schools, regulate the maintenance of prisons, hospitals and re- 
formatory institutions, and do all that usually belongs to a corps 
of municipal regulators. They estimate for all municipal ex- 
penditures, and if their estimates are approved by the Secretary 
of the Treasury and by Congress, the Congress appropriates one- 
half of the amount and leaves the Commissioners to provide the 
balance by taxation of the property in the district. As we have 
passed along in our history of government machinery we have 
struck other offices connected with the District of Columbia, 
appointed by the President, giving to it a diversified but very 
complete government. 




A PRACTICAL VIEW OF NATIONAL POLITICS; 

ALL THE PRESIDENTS AND ADMINISTRATIONS; THE 
CONGRESSES AND PARTY MEASURES ; RISE AND FALL 
OF POLITICAL PARTIES ; NATIONAL ELECTIONS AND 
PARTY PLATFORMS. 

ARTIES IN GENERAL.— Party names do not always 
afford an index to party principles or professions. In 
this respect they are unfortunate. "Whig" was origi- 
nally a term of reproach, and " Democrat " and 
" Jacobin " were mere epithets previous to 1825. So 
far as the names give a cue to principles there ought to be no 
difference between the existing " Republican " and " Democratic " 
parties. In such names as " Federal," "Anti-Federal," *' Native- 
American," etc., one is provided with a key to the principles pro- 
fessed. 

Under our institutions issues are so transitory that parties 
are short-lived. Or if they retain their names a great while, they 
frequently cross their principles and change their professions. 
They are also often the victims of a seemingly inevitable drift, 
by which they get very far away from the intent of their founders, 
and so lose sight of original principles as to leave nothing but 
the party name as a rallying cry. Some of our best and purest 
parties, in the beginning, have moved illogically along in wider 
and wider departure from their first intent, until they either 
ruined themselves or brought trouble to the country. In such 
instances party is lost in party ism, and blind adherence to a ban- 
ner is mistaken for intelligent devotion to principle. 

USES OF PARTIES. — As embodiments of ignorance, preju- 
dice, passion, as a means of holding unthinking crowds, and 
wielding arbitrary, brutal power, parties are dangerous, even in 
a Republic. But as schools of thought, as orders representing 

271 



272 POLITICAL HISTORY OF 

some vital principle, as a means of giving emphatic expression 
to some popular and useful wish, they are proper and necessary. 
Candid study of our institutions must impress one with the fact 
that in general the existence of political parties has been timely, 
and their effect wholesome. Each has answered a purpose, 
which, even if not presently needful or apparently good, has 
nevertheless served as a check on its opponents or as a stimulus 
to higher notions of activity. However much party principles 
may have ebbed and flowed, however far toward fanaticism, 
sectionalism and intrigue, certain minds, and orders of mind, 
may have drifted, it cannot be said that the spirit of liberty has 
suffered, or that respect for our institutions has been undermined, 
but that, on the contrary, the former is keener and the latter 
broader and deeper. Yet it is always well to remember Wash- 
ington's words, '' that from the natural tendency of governments 
of a popular character, it is certain there will always be enough 
of party spirit for salutary purposes. And there being constant 
danger of excess, the effort ought to be, by force of public 
opinion, to mitigate and assuage it. A fire not to be quenched, 
it demands a uniform vigilance to prevent its bursting into flame, 
lest, instead of warming, it should consume." 

PRIMITIVE PARTIES.— ThQ Colonial period developed no 
parties as we now know them. The Colonies were disjointed 
governments, therefore there could be no national party. But 
there was always a sentiment against the right claimed by Par- 
liament to legislate for them. This sentiment grew warmer after 
the English revolution of 1688, which greatly strengthened the 
hands of Parliament and emboldened its assumptions. But it 
did not really crystalize in the Colonies till after the treaty of 
1763, by which Great Britain secured Canada and the Mississippi 
valley from France. Then it became a British policy to make 
the Colonies pay a part of the expenses of the war.* This policy 
brought that long list of burdens, such as customs dues, export 
taxes, excises. Tea Acts, Stamp Acts, etc., against which the 

* An excessive part of the expenses, for the English idea was that they should 
pay all they could be compelled to, inasmuch as the territory secured enured to 
their benefit. 



f 



THE UNITED STATES. 273 

Colonies unitedly remonstrated, not more because they were 
burdens, than because submission to them involved a surrender 
of the point that Parliament had no right to tax America with- 
out her consent. The respective Tory ministries in England 
favored Parliament. The Whigs (when out) favored the Colon- 
ists, or, at least, non-interference. Colonial thought, shaped on 
these lines, took these party expressions. As the Colonial Whigs 
grew warm in their opposition to Parliament, and the idea of 
union and independence advanced, " Whig " and *' Tory " became 
as familiar in America as in England, and the sentiment repre- 
sented by each as bitter. The Whig, who was at first only an 
opponent of Parliamentary claims, got to be a Colonial unionist, 
without separation from the mother country, then a unionist, 
with separation. The Tory remained the fast friend of English 
sovereignty on our soil, in whatever shape the powers at home 
chose to present it. 

PARTIES OF THE REVOLUTION.-^Yvom the above at- 
titude of parties one can readily see that after the fact of Inde- 
pendence (1776) the Tory party was without a mission. If a 
party at all, its sentiment was silenced amid arms. The Whig 
idea was uppermost and overwhelming. It meant vastly more 
than in the beginning. The Whigs were the revolutionary, 
armed party. They were the government, such as it was — the 
Congress first, and then the Confederation. The Tories were 
enemies, traitors if you please. Indeed, the term Whig began 
to mean so much that other words, comprehending more, came 
into use, as " Popular Party," " Party of Independence," " Amer- 
ican Party," " Liberty Party," " Patriots," and so on. This was 
the party situation from 1774 to 1778, in the Continental Con- 
gress and in the Colonial Legislatures. 

PARTIES OF THE CONFEDERATION.— The event of 
the Confederation was forced by the Whigs. Their party name 
followed. The Articles of Confederation were a decisive advance 
of the federal idea, but as a government they were infinitely 
weaker than the arbitrary, revolutionary Congress. We have 
already seen their sources of weakness, how they fell into dis- 
respect at home and abroad, why it became necessary to sub- 
18 



274 POLITICAL HISTORY OF 

stitute for them " a more perfect union." The Whig party 
dominated the Confederation. Less than ever was there a Tory 
party. Toryism invited confiscation, proscription, banishment. 

PARTIES OF THE CONSTITUTION.— With the peace 
of 1783, the Tory cause perished outright. Therefore there was 
no longer any need for the term Whig. The prevalent thought 
was the national one — how to unite more firmly, and for peace 
as well as war ? This was Federalism — the permanent one out 
of the disjointed many idea. The weaknesses of the Confedera- 
tion forced this thought along like a torrent, ripened it until it 
became the Constitution of the United States. Strictly speak- 
ing, there were no more two parties from 1783 to 1787, than 
from 1774 to 1783. Whigism became Federalism, and Whigs 
Federalists, and the thought of " a more perfect union " was as 
paramount as the thought of Independence, Union under a Con- 
gress or the Articles, and the victory of the Revolution. But it 
was a time of peace, and Federalism was a widely varying 
theme. It took all sorts of shapes in conventions, village groups 
and around the hearthstone. When it brought the convention 
which framed the Constitution, it was variant there. Debate 
took very wide range. Antagonisms were pointed and bitter. 
And debates in the State Conventions over the question of rati- 
fication took still wider range. But in all these contentions the 
central thought was not lost sight of Federalism, however col- 
ored or twisted, was still the aim. Starting away up among 
the few monarchy men of the convention, or of the States, and 
travelling down through the various orders of thought clear to 
the very few who repudiated union on any conditions, we find 
Federalism the regnant idea and crowning hope. All differences 
were as to form, time, construction, etc., not as to fact or neces- 
sity. The party of Federalism, that is, the Federal party, became 
the party of a new and stronger government, of the Constitution, 
just as the Whig party had been the party of Independence and 
the Continental Congress. 

" The Republicans are the nation," said Jefferson in the flush 
of political triumph. The Federals were the nation. Their con- 
ciliations and compromises in convention secured a Constitution. 



THE UNITED STATES. 275 

Their concessions, surrenders and appeals secured its ratification, 
speedily here, tardily there, reservedly in many instances, fully 
in others. We therefore regard the common division- of the 
parties of this time into Federal and Anti-Federal as not exact 
and somewhat misleading. There was no national Anti-Federal 
party,* certainly no national sentiment worthy the name of Anti- 
Federalism. The opposition to the Constitution which sprang 
upjn the State ratifying conventions was not even unreservedly 
Anti-Federal. It was a strange, incalculable sentiment, born of 
fears, and visions, and hypotheses, and constructions, and was as 
much indulged by men like Patrick Henry and Samuel Adams 
who had all along been Federalists of the most pronounced type, 
as by those who thought the " secretly deliberating convention " 
could only hatch a scheme of monarchy. Nor was it a final 
sentiment, for many Anti-Federalists voted to ratify. It was not 
a coherent sentiment, for some opposed because the promised 
union would not be strong enough, some because it would be too 
strong, some because the States would suffer, some because a 
State government was at all times sufficient, and so on. Anti- 
Federalists were united in nothing save their opposition. When 
the work of ratification was completed and the government came 
to be started, Anti-Federalism was not heard of In the presence 
of the fact of a Constitution it either agreed to suspend judg- 
ment while the new experiment was being tried or engaged to 
help the trial on. 

* All the members of the Convention signed the Constitution except Edmund 
Randolph and George Mason, of Virginia, and Elbridge Gerry, of Massachusetts, 
and they were believers in Federalism, i. e., the necessity for a stronger union, but 
they did not think the Constitution was the best means to secure it. On signing 
Franklin said : " I confess there are several parts of this Constitution I do not at 
present approve, but I am not sure I shall never approve them." And Hamilton, 
on moving that all the members sign the instrument, said : " No man's ideas were 
more remote from the plan than his own were known to be, but is it possible to 
deliberate between anarchy and convulsion on one side and the chance of good to 
be expected from the plan on the other? " In the letter which Washington sent out 
with the Constitution he says : " In all our deliberations we have kep^ steadily in 
view that which appears the greatest interest of every American — the consolidation 
of our Union, in which is involved our prosperity, felicity, safety, perhaps national 
existence." 



276 POLITICAL HISTORY OF 

NEW GOVERNMENT PARTIES.—So general was the 
refusal of the Anti-Federals to adopt a definite line of action 
after the Constitution had been ratified by the necessary number 
of States (nine), and such was their acquiescence in the popular 
wish to see the new government fairly tried, that all animosities 
ceased, and all open opposition was hushed, while the nation 
bowed before the popularity of Washington, and unanimously 
chose him for its first President. This signal mark of confidence, 
and this supreme triumph of Federalism was to end most happily 
for the country. The passions of the hour would have time to 
cool. Though Washington was a recognized Federalist, he was 
not extreme, and all could depend on his judgment to start the 
machinery on the broadest and safest basis. Extremists and 
radicals of every type could afford to bide their time. And they 
did, harmlessly but not inactively. It was a period for new 
schools of thought, or rather for bringing to bear on the new 
order of things old thoughts in stronger and better formulated 
shape. Federalism, which was affirmative, and Federals who 
were responsible for the new government, naturally inclined to 
such a construction of the Constitution, where points were 
doubtful, as would throw the doubts in favor of the central 
authority. Anti-Federalism, which was negative, and Anti- 
Federals, even though they were supporters of the administra- 
tion, naturally inclined to such a construction, as would throw 
the doubts in favor of the States. Thus the operative, dominant 
Federalism of the day took the form of liberal or open con- 
struction of the Constitution, would interpret it as though it had 
a spirit as well as a letter, saw in a government under it an entity 
with powers and functions to be questioned only by the people 
at large. So the Anti-Federalism of the day took the form of a 
strict or close construction of the Constitution, would interpret 
it as though it were a simple, inelastic code, saw in a govern- 
ment under it nothing more than that aggregate of power and 
function which the sovereign States had parted with, and which 
they were at liberty to question, or if need be recall. While 
these two schools of thought did not immediately branch into 
organized and opposing parties, they furnished the ground- 



THE UNITED STATES. 277 

work for nearly all subsequent and legitimate national party 
differences.* A few years of experiment with the new govern- 
ment brought up many questions which deeply engaged the 
respective schools and gradually led to the first organized 
antagonism to the Federal party, which became known as the 
Democratic-Republican party, or better as the Republican 
party. But of this in its place. ] 

I. 

WASHINGTON'S FIRST ADMINISTRATION. 

April 29, 1789 — March 3, 1793. 

George Washington, Va., President. John Adams, Masstj 
Vice-President. Seat of Government at New York and' 
Philadelphia. 



Congresses. Sesssions. 

I, April 6, 1789-September 29,1789, appointed session. 
First Congress. ^ 2, January 4, 1790-August 12, 1790. 

December 6, 1790-March 3, 1791. 



Second Congress / ^' October 24, 1791-May 8, 1792. 
bECOND CONGRESS. | ^^ November 5, 1792-March 2, 1793. 

Washington was nominated by a Caucus of the Continental 
Congress. The State Legislatures chose electors for President 
and Vice-President on the first Wednesday of January, I789.t 
These electors voted on the first Wednesday in February. 

* To the former or liberal school of construction belonged the Federal party, 
which may be called its founder. To the same .school belonged the Whig party, 
which asserted that internal improvement at the national expense was within the 
purview of the Constitution, as well as protective duties and a general banking 
system. And so of the modern Republican party which claims for the central 
government all power necessary for its preservation and advancement. To the lat- 
ter, or strict school of construction, belonged the old Republican party and its 
successor, the Democratic party. But all this is in general, for many times the re- 
spective parties have occupied common ground or crossed each other's tracks, only 
to back away again to their old places when motives of expediency ceased to oper- 
ate, and there was no rallying point short of the old differences. 

f The electors were chosen by the State Legislatures up till 1824. Under the 
Constitution as it stood up till 1804, they voted for two persons, the one having the 
highest number of votes to be President, the next highest to be Vice-President. 
But they could not both be from the same State. 



278 POLITICAL HISTORY. 

ELECTORAL VOTE. 

Basis George 

of Washing- John 

States, 30,000. Votes. Party. ton. Adams. 

New Hampshire ... 3 5 . 5 5 

Massachusetts 8 10 -^ 10 10 

Rhode Island I 3 p, . . . . Had not yet ratified 

•-^ the Constitution. 

Connecticut 5 7 « .7 5 

New York 6 8 '% .. .. Had not yet passed an 

^ electoral law. 

New Jersey 4 6 ^ 6 i 

Pennsylvania 8 lO q lo 8 

Delaware ^ Z *c> 2> ' ' \ 

Maryland 6 8 .2 6 . . Two vacancies. 

Virginia lo 12 'w lo 5 " " 

North Carolina 5 7 cu .. .. Had not yet ratified 

o the Constitution. 

South Carolina 5 7 o 7 

Georgia _3_ 5 5 »♦ 

Totals 65 91 . . 69 34* 

Though March 4, 1789, had been fixed as the time for start- 
ing the new government, it was not until April 6 that a quorum 
of Congress was present. Their first business was to count and 
publish the Electoral votes as above. The candidates, being 
duly notified of their election, went to the seat of government. 
Adams arrived first and took his place as presiding officer of the 
Senate. Washington was sworn into office by Chancellor Liv- 
ingstone on April 29, 1789. 

THE CABINET.-\ — Washington chose a Cabinet with due 
regard to the sentiment of the day. As to ability it was unques- 
tioned. 

* Of the votes cast for other candidates, and usually recorded as scattering, John 
Jay received 9; R. H. Harrison, 6; John Rutledge, 6; John Hancock, 4; George 
Clinton, 3; Samuel Huntington, 2; John Milton, 2; Benjamin Lincoln, i; James 
Armstrong, i; Edward Telfair, i. 

f The choice of a Cabinet was not an immediate step, for Congress had not yet 
passed laws organizing the respective Departments. The Stale Department was 
organized by act of Sept. 15, 1789, and Jefferson's appointment dates from Sept. 
26. The Treasury Department by act of Sept. 2, 1789, and Hamilton's appoint- 
ment dates from Sept. 11. The War Department by act of Aug. 7, 1789, and 
Knox's appointment dates from Sept. 12. The Attorney-General by act of Sept. 
24, 1789, and Randolph's appointment dates from Sept. 26. The Navy Depart- 
ment was not separately organized till April 30, 1798, nor the Post-Office Depart- 
ment till 1829. The latter was conducted till that time by the Treasury Depart- 
ment. 



lllll|lll|llllllllllllillHIIHIIIIIIIIIIIIHIIIHIIHimiHllHllHIIIIII 




iiiii iiiii i nii i ii i iiiiiiiii i i i t i iii i ii i iiiii i ii i iiiii i iiiiiii innnTnia 



PRESIDENTS FROM 1789 TO 1817. 



270 



280 POLITICAL HISTORY OF 

Secretary of State Thomas Jefferson, Va Moderate Anti-Federal. 

Secretary of Treasury Alexander Hamilton, N. Y.. . .Federal. 

Secretary of War Henry Knox, Mass " 

Attorney-General Edmund Randolph, Va Anti-Federal. 

Chief Justice Supreme Court. John Jay, N. Y Federal. 

CONGRESS IN EXTRA SESSION— The House organ- 
ized by electing Frederick A. Muhlenberg, of Pennsylvania, 
Speaker. This election had no political significance. All were 
content to allow the work of organization to move on the plane 
of Federalism ; or rather there had been no comparison of ideas, 
and consequently no effort to organize opposition to Federal 
supremacy. The session lasted for nearly six months, or till 
Sept. 29, 1789. The work related to the preparation of machinery 
and starting the wheels of the new government. The number 
of measures necessary, and their novelty, invited able and pro- 
tracted discussions. In range and character they were not un- 
like those of the period preceding the adoption of the Constitu- 
tution, and they foreshadowed those permanent differences of 
interpretation which might readily, and properly too, afford a 
basis for party existence. 

AMENDMENTS.— '^o many States had ratified the Constitu- 
tion with the hope of early amendment, and two, Rhode Island 
and North Carolina, held so stubbornly off, that the Congress 
took early steps toward remedying the defects of the instrument. 
Twelve amendments were agreed upon (Sept. 25, 1789) and sub- 
mitted for ratification. Ten of these became a part of the Con- 
stitution, Dec. 15, 1 79 1. They referred to freedom of religion, 
speech, person and property. Though intended to overcome 
the objections of the States and to make more secure the rights 
of the citizens, strange to say they invited bitter opposition from 
the extreme anti-Federal element, which regarded them as de- 
ceptive, and calculated to lure the States and people into false 
expectations of national unity and strength. 

COMMERCE AND TARIFF.— '^\\\s for the regulation of 
Commerce and the adjustment of a Tariff were fully considered 
and passed, The Tariff act was generally acquiesced in, so far 
as it provided a means of raising revenue by indirect taxation. 
But when it was suggested that such an act could also, and 



THE UNITED STATES. 281 

should, be made a means of protection, the strict constructionists 
decried it as unconstitutional. However, some of the extreme 
anti-Federals sought to make the measure discriminate against 
England, by favoring the products of other nations. A Tariff 
bill was finally passed July 4, 1789, against strong opposition. 
Though it imposed a very low rate of duty, it was nevertheless 
dignified in the preamble as an ** act for the encouragement and 
protection of manufactures." Thus as to one of the objects of a 
Tariff, and in the character of opposition it met with, there were 
foreshadowed, at the very beginning of our government, the 
spirited and strictly party controversies over the same subject a 
generation afterwards, and for that matter, at the present day. 
The matter of adjusting the public debt was left in the hands of 
the Secretary of the Treasury for future action. This extra ses- 
sion adjourned Sept. 29, 1789. During the vacation, Nov. 21, 
1789, North Carolina ratified the Constitution and entered the 
Union. 

FIRST CONGRESS — First Regular Session. — Seat of gov- 
ernment at Philadelphia. Met Jan. 4, 1790. Hamilton's Report 
on the adjustment of the public debt furnished the leading sub- 
ject for deliberation. This great State paper. Which involved 
the national credit at home and abroad, was presented January 
9. The plan proposed was (i) for the national government to 
fund and pay the foreign debt of the Confederacy in full. (2) 
To likewise fund and pay the domestic debt of the Confederacy, 
at par. This debt was then floating about in the shape of nearly 
worthless promises. (3) That the government should assume 
and pay the unpaid debts of the respective States. To the first 
proposition there was no opposition. Against the second the 
extreme anti-Federals rallied, and they were reinforced by such 
as Madison, and many others, of Federal leaning. Their logic 
was that this debt was largely held by speculators, who had 
bought it for a song, and who would realize enormously if it 
were paid at par. Against this Hamilton urged that the only way 
to permanently raise the broken national credit was to pay all 
honest promises in full, and thus teach the first holders of them 
the folly of parting with a valuable security at a ruinous dis- 



282 POLITICAL HISTORY OF 

count. This second proposition finally carried. The third 
proposition was looked upon as a stretch of power on the part 
of the government. It was an assumption to do what the States 
only could and should do. The entire anti-Federal sentiment 
was united against it. Still it was carried by a close vote in the 
House (31 to 26). It was however reconsidered a short time 
afterwards, on the arrival of the seven anti-Federal representa- 
tives from North Carolina, and defeated. But it was finally car- 
ried by the vote of two anti-Federals, who agreed to favor it, in 
turn for Federal support of the measure to locate the National 
Capitol, after it had remained ten years in Philadelphia, on the 
Potomac. Though this bargain clouded somewhat the brilliancy 
of Hamilton's success in getting his propositions through, they 
resulted in an instant rebound of the national credit, and the 
establishment of government finance on a substantial working 
basis. The Tariff act of the previous session was amended on 
Aug. 10, 1790, by increasing the previous rates of duty. The 
other measures of this Congress had no party significance. The 
body adjourned Aug. 12, 1790, after a session of over seven 
months. It had witnessed the coming of Rhode Island into the 
Union, by the ratification of the Constitution, May 29, 1790. 

FIRST CONGRESS— -Second Session.— Met Dec. 6, 1790, 
at Philadelphia. The leading subject was a financial agent for the 
government in the shape of a National Bank. Over this subject 
controversy was heated, and party lines came to be more clearly 
defined. The Federals in general, and all who inclined to a liberal 
or open construction of the Constitution, claimed that if Congress 
could pass laws for revenue and taxes, it could make those laws 
effective through such an agency as a bank. The anti-Federals, and 
all strict constructionists, denied the necessity, and therefore the 
constitutionality, of such an agent. The controversy thus begun 
has continued under one form and another, almost to the present 
day. The personal bitternesses and jealousies it then engendered 
were never healed, but were carried down to the people and soon 
became the basis of permanent party separation. Even the 
Cabinet was divided, and it was known that Jefferson stood ready, 
in that august body, to oppose Hamilton in all his financial plans. 



THE UNITED STATES. 283 

The bill to charter a National Bank passed, but so conservative 
was Washington that he would not sign it till he had secured 
the written opinions of his Cabinet officers. That of Hamilton, 
in favor of the constitutionality of the act, had greater weight 
than those of Jefferson and Randolph, against it, and the bill 
secured the President's signature. It chartered a National Bank 
for twenty years, /. ^., until i8ii, when the Republican party 
refused to recharter it, only, however, to retrace their steps in 
1816, when, under the influence of liberal construction notions, 
and the seemingly imperative needs of the hour, they instituted 
another National Bank which met its downfall in 1 836.* The 
financial legislation of the session was supplemented by an Ex- 
cise law, which excited much opposition and became very un- 
popular. The first Congress adjourned si7te die, March 3, 1791. 
Altogether it had been an able body, and had done its work 
with as little jar and as effectively as was possible for men who 
had no exact instructions from constituents and no elaborate 
political chart to steer by. The event of March 4 was the admis- 
sion of Vermont as a State. 

SECOND CONGRESS— First Session.— Met Oct. 24, 
1 79 1, at Philadelphia. The country had passed successfully 
through the excitement of Congressional elections, and the 
position of the Federals had been maintained, though their 
membership in the new body was slightly reduced. This, how- 
ever, did not matter, for there were still many of the Anti- 
Federal, or strict construction, turn who supported the adminis- 
tration. The House organized by the election of Jonathan 
Trumbull of Connecticut, as Speaker. 

THE FIRST REBELL/ON—Opposition to the excise law 
of the previous Congress, which was fanned by the Anti-Federal 
element, culminated in the " Whiskey Rebellion," among the dis- 
tillers of Western Pennsylvania. The same element also was now 
opposing a National Militia Law. But the latter passed, and in 

* From that time on, all attempts to establish a National Bank failed, till in 1862 
the exigencies of civil war resulted in a strictly national currency under the auspices 
of the Treasury Department, and a system of National Banks whose credit is based 
on that of the government. 



284 POLITICAL HISTORY OF 

time for the President to use it, so as to bring the armed dis- 
putants of the national authorities to terms. The victory 
was a moral and bloodless one, achieved through the show of 
an unsuspected vigor and resou|:ce on the part of the govern- 
ment. 

THIRD TARIFF ACT— On May 2, 1792, an amended 
tariff act was passed which raised the ad valorem rates of duty 
some 2)4 to 5 per cent. It incurred the opposition of the Anti- 
Federals, and called for a repetition of their former arguments. 
An apportionment bill, the first under ,the new Constitution, was 
also passed. It fixed the ratio of representation at 33,000, under 
the census of 1790, increased the membership of the House to 
105, and the electoral vote to 135, there being fifteen States, 
counting Kentucky, which was admitted June I, 1792. Congress 
adjourned its first session, May 8, 1792. 

POLITICAL CONDITION.— ThQ country was about to 
pass through the crisis of a Presidential election, the first under 
the new Constitution. The government had been started, and 
maintained thus far under a wholesome division of sentiment 
which has been popularly, but not exactly, described as 
Federal and Anti-Federal. It was more exactly that division 
which is better described as Liberal Interpreters and Strict Inter- 
preters of the Constitution ; the former as they were antagonized, 
or as their principles demanded, drifting, perhaps unconsciously, 
toward larger powers and a fuller exercise thereof on the part of 
the national government ; the latter as they antagonized, or as 
their principles demanded, drifting, perhaps unconsciously, 
toward the doctrine which afterwards became known as State 
Sovereignty or State Rights. For the former, and because they 
were acting affirmatively, the term Federal must still apply. For 
the latter there is now no need, except conventionally, of retain- 
ing the term Anti-Federal. Indeed the first ten amendments 
to the Constitution, which were regarded as in the nature of a 
declarative Bill of Rights, so disarmed all opposition to the in- 
strument itself as to render the term Anti-Federal a misnomer. 
Jefferson felt that it was an empty term, and that if the varying, 
and often discordant, sentiments represented by it were ever to 



THE UNITED STATES. 285 

be crystalized, some new and more comprehensive name must 
be adopted. The old name was a perpetual reminder of opposi- 
tion to \k\.Qfact of government. As there was no longer any such 
opposition, but only questions as to how it should be managed 
and with what powers it should be endowed by the creative in- 
strument, the new name must, in no degree, be a reminder of 
the old political status, but must, on the contrary, be both an 
appeal to popular affection and comprehensive enough to 
embrace every form of antagonism to the party which was still to 
be called Federal. 

THE REPUBLICAN PARTY.—ThQ situation gave birth 
to the new party name. Feeling was intense on all sides in favor 
of the French Revolutionists. Jefferson, who was fresh from 
the scenes, taught that it was the direct outcrop of our own 
Revolution, and none chose to gainsay it. But as the Republi- 
cans of France drifted toward wild, ungovernable liberty, and 
evinced more and more a fierce leveling and communistic spirit, 
the Federals checked their ardor and grew cold. In that pro- 
portion the Anti-Federals grew warm. Their admiration took 
even the fantastic shape of dress and manner imitation. Here 
were differences mental and visual. To crown them with the 
term Republican was something, but not quite original. To 
group all feeling of opposition to the Federals under the term 
Democratic-Republican would prove original and striking. 
That, therefore, became the new party name. But the Federals 
heaped contempt on the Democrats, classed them as Jacobins, 
and altogether daunted them in the use of their compound title. 
So the first part was gradually dropped, and the new party 
passed into active politics as the Republican party; which was 
all curious enough, seeing that at this very juncture its tendency 
was rather toward a Democracy than toward a strong central 
Republic. Nor were the Republicans less abusive of the 
Federals. These latter were roundly denounced as fellows with 
a leaning toward monarchy, and full of all aristocratic notions. 
It is very likely that the sentiment among the masses was an 
exaggeration of that existing in the councils of the nation, though 
even there the President spoke grievously of the antagonisms. 



286 POLITICAL HISTORY. 

and complained that the old spirit of compromise had turned 
into one of unjust suspicion and personal antipathy, 

ELECTION OF 1792. — Fortunately for the country party 
spirit was not yet deep enough, or bold enough, to affect the 
Presidency. The one Republican who could have made a re- 
spectable showing in the Presidential race was Jefferson, and 
both he and Washington were from the same State. Therefore, 
both could not be voted for, without the loss of the vote of that 
State. Besides many staunch Republicans had joined with the 
Federals to request Washington to serve a second term, a course 
he had not intended to pursue, till persuaded that the country 
demanded it. This left only the Vice-Presidency open to party 
contention, and for this office the Federals supported John 
Adams, Mass., and the Republicans George Clinton of New 
York. The election took place Nov. 6, 1792, and resulted in 
the success of the Federal ticket. 

SECOND CONGRESS~'S:>^QQXi^ Session.— Met Nov. 5, 1792, 
at Philadelphia. Revenue questions occupied most of the time 
of the session, and the Federals had comparatively easy suc- 
cesses, the Republicans not being a unit in their opposition. But 
they figured conspicuously for political position, and made a 
direct but unsuccessful attempt to censure Hamilton's manage- 
ment of the Treasury Department. The count of the electoral 
vote* was made in February, 1793, and Washington was de- 
clared elected President, and John Adams Vice-President. They 
were sworn into office on March 4, 1793, Congress having 
adjourned March 2. 

II. 

WASHINGTON'S SECOND ADMINISTRATION. 
March 4, 1793 — March 3d, 1797. 

George Washington, Va., Preside^it. John Adams, Mass., 
Vice-President. Seat of Government at Philadelphia. 

* For full electoral returns see always the succeeding administration. 




2'87 



288 POLITICAL HISTORY OF 

Congresses. Sessions. 

Third Congress. | '' December 2, 1793-June 9, 1794- 

( 2, November 3, 1794-March 3, 1795. 

Fourth Congress I '' December 7, 1795-June i, 1796. 
\ 2, December 6, 1796-March 3,1797. 

ELECTORAL VOTE^ 

Federal. 

/ — ' , Republican, 

States. Basis of Geo. Wash- J. Adams, Geo. Clinton, 

33,000. Votes. ington, Va. Mass. N. Y. 

New Hampshire. ... 4 6 6 6 

Massachusetts 14 16 -• i6« 16 

Rhode Island 2 4 4 4 

Connecticut 7 9 9 9 . 

New York 10 12 12 .. 12 

New Jersey 5 '7 7 7 

Pennsylvania 13 15 15 14 i 

Delaware i 3 3 3 

Maryland 8. ID 8 8 . . Two vacancies. 

Virginia 19 21 21 ,. 21 

North Carolina. . . . lo 12 12 . . 12 

South Carolina 6 8 7 6 Scattered. One vacancy. 

Georgia 2 4 4 .. 4 

Vermont 2 4 4 4 

Kentucky 244 ..Scattered. 

Totals "105 "135 T32 ~77 "50 

THE NEW ADMINISTRATION.— Washington, in pursu- 
ance of his conciliatory policy, made no immediate changes in 
his cabinet; He had, however, active and delicate work on hand. 
France had (April, 1793) declared war against Great Britain and 
Holland. The Republicans gave reins to their sympathy for 
their French namesakes, and claimed that the treaty of 1778, 
which bound France and the United States to an alliance offen- 
sive and defensive, was still in existence and ought to be re- 
spected. It looked as if war with Great Britain were certain, 
with the United States as an ally of France. Notwithstanding 
the unpopularity of the act, Washington decided that the treat>^ 
was null, and issued a decree of neutrality f between the con- 
tending parties. This step brought upon his administration, and 
on himself personally, the bitterest assaults of the Republicans. 
He was denounced as an enemy of Republican France, as a vio- 

* Of the votes indicated as " scattered," four were cast for Thomas Jefferson and 
one for Aaron Burr. 

f This was the beginning of a foreign policy from which there have been few 
departures since. 



THE UNITED STATES. 289 

later of sacred faith, as a usurper of the powers of Congress. 
To further complicate and intensify matters, citizen Genet arrived 
as Minister to the United States, April 8, 1793. Deceived by 
the warmth of his reception at Charleston, S. C, he foolishly 
went about the business of raising money, recruiting men and 
commissioning cruisers for the French cause. Jefferson ordered 
him to desist, but removing to Philadelphia and encouraged by 
the Republican clubs of that city, which organizations carried 
their sympathy into wild excess, he continued to act as if on 
French soil. The French Consul at Boston rescued a libeled 
vessel from the United States Marshal. An American privateer 
sailed from Philadelphia under French colors, against the orders 
of the government. Military organizations were being formed in 
Georgia against the Spanish American possessions. Genet was 
so inflated with his Republican support that he privately an- 
nounced his intention of appealing to the people for a general 
uprising in behalf of France.* Timely exposure of this inten- 
tion speedily alienated even his warmest friends, and his meteoric 
career was ended by his recall. 

THIRD CONGRESS— Y\x?X Session.— Met Dec. 2, 1793, at 
Philadelphia, and organized by electing F. A. Muhlenberg, of 
Pennsylvania, Speaker. He was a Republican, but it was only 
when party lines were closely drawn, which was possible on but 
a very few questions, that a small Republican majority could be 
counted on. The President's action respecting American neu- 
trality and the Genet affair was coldly approved, but Republican 
sentiment took another turn. If it could not directly favor 
France, it could at least antagonize England. It therefore very 
justly called England to account for not carrying out the treaty 
of 1783, by which she was to give up her Lake military posts on 
American soil. The Indian wars of the Northwest were attri- 
buted to British intrigue. So were the Algerine piracies. All 
in all, it looked as if the country were about to be plunged into 
war with England, for the Republican course proved to be very 

* This announcement was made public by Chief Justice Jay and Senator King, 
who published it over their signatures in a New York newspaper. Its truth wa^ 
vehemently denied by the Republicans. 
19 



290 Political history of 

popular. England began to judge the country by it, and to act 
as though the United States were already a secret, and soon to 
become an open, ally of France. She ordered her ships of war 
to stop all vessels laden with French supplies and to turn them 
into British ports (June 8, 1793). She began her system of im- 
pressing American seamen suspected of being Englishmen. She 
aimed a further blow at American commerce by actually seizing 
ships carrying French supplies and instituting trials against them 
in English courts. She justified her holding the Lake forts on 
the ground that our government had refused to pay certain 
debts due British subjects. Thus the Republican sympathy for 
France had brought ruinous commercial retaliation. Jefferson, in 
an official report of December 16, 1793, wisely called a halt by 
proposing an effort at amicable adjustment of the difficulties be- 
fore proceeding to counter retaliation. The Federals, especially 
those of the cabinet, were anxious for the first part of this propo- 
sition, but the Republicans, especially the extreme ones, were 
implacable, and Madison (January 4, 1794) introduced resolu- 
tions imposing prohibitory duties on English goods. This 
measure invited long debate and served to straighten Repub- 
lican lines, but it failed of passage. Jefferson retired from the 
cabinet in December, 1793, and was succeeded by Edmund Ran- 
dolph, of Virginia, as Secretary of State, January 2, 1794. The 
former premier retired to his Virginia plantation, and amid his 
political writings and plans for the further development of the 
new Republican party, of which he was the acknowledged 
founder, he escaped responsibility for the mistakes due to the 
enthusiasm of his political friends in the Congress. 

WASHINGTON ACTS.— Iw accordance with the peaceful 
policy outlined in Jefferson's report, Washington nominated 
(April 16, 1794) Chief Justice Jay as Envoy Extraordinary to 
England, with a view to a treaty. The Federal Senate confirmed 
the nomination. In order to balk the mission the House Re- 
publicans moved to prohibit trade with England. This the 
Senate rejected, and Jay started on his mission, arriving in Eng- 
land in June, 1794. 

FURTHER PARTY CONTESTS.— ThQ Federals fought all 



THE UNITED STATES. 291 

through the session for their policy of neutrahty between France 
and England, the Republicans for intervention of some kind or 
in some way, and the ardor of the latter often drew them into 
inconsistencies. Thus while they invited war with England by 
measures to prohibit commercial intercourse with her, they at 
the same time opposed the Federals in their attempts to found 
a navy, the most effective weapon with which to carry on such 
war. And so when the Federals sought to escape the odium of 
Excise taxation by a system of indirect taxes, and a thereby 
increased revenue, the Republicans voted for direct taxes. 
Another unsuccessful attempt was made by the Republicans to 
censure, by res^olution, Hamilton's management of the Treasury. 
They likewise bitterly but ineffectually opposed the Federal bill 
designed to approve of Washington's admonitions against " self- 
created political societies,"* and to prevent a recurrence of Genet's 
attempts to engage a people in warlike enterprises without the 
consent of their government. This attitude was the more re- 
markable because the French government had already disavowed 
Genet's conduct, and sent Fanchet as minister in his stead. But 
it was a formative period for the Republicans. Much must be 
excused to their enthusiasm, to their lack of definite policy, to 
the newness, oddness and swiftness of the situations they were 
called upon to confront. Neither party had yet had very profi- 
cient schooling in diplomacy. The Federals had all the advan- 
tage of a purpose. They could hew to a line, however roughly. 
The Republicans had to agitate and deny, work a negative situa- 
tion for all it was worth, and at the disadvantage of youth and 
inexperience. As yet they had invented no distinctive affirma- 
tive American measure on which they could consistently unite, 
or risk their future success. 

XITH AMENDMENT.— Could a citizen of the United States 
sue a State ? The Supreme Court had decided that a State was 
suable like any other corporation, and that too by a citizen of 
another State. This was a terrible blow to the members of the 

* The allusion was to the various secret associations formed for working up an 
American-French sentiment, and popularizing, if not justifying, such conduct as 
Genet had been guilty of. 



292 POLITICAL HISTORY OF 

strict construction school. The Republicans therefore proposed 
the XL Amendment, which limited the judicial power of the 
United States, and exempted a State from suit in the Federal 
courts, instituted by a citizen of another State, or by a foreign 
citizen. The wisdom of this amendment was not much mooted 
at the time, but the advantage taken of it by States which have 
felt inclined to repudiate their debts has shaken public faith in 
its justice. It was proposed March 5, 1794, and declared in force 
Jan. 8, 1798, having been ratified by the necessary number of 
States. 

TARIFF ACT — The Fourth. — The Federals succeeded in 
amending the Tariff Act of 1792, by increasing . the ad valorem 
rates of duty, June 7, 1794. The imperative need of revenue, 
the quiet and general distribution of taxation in this form, and 
the sure and easy manner of collection, reconciled many of 
the Republicans to it, so long as it was unmixed with the 
affirmative doctrine of protection. Congress adjourned June 9, 

1794. 

THIRD CONGRESS—Second Session.— Met Nov. 3, 1794, 
at Philadelphia. The session opened by warm debate on Hamil- 
ton's plan of Internal Taxation. These debates continued at 
intervals throughout the session, and resulted in the passage of 
the measure, the Republicans not being able to keep their opposi- 
tion solid. Hamilton resigned from the Cabinet in January, 1795, 
and was succeeded (Feb, 2) by Oliver Wolcott, of Connecticut. 
Congress adjourned sine die March 3, 1795. 

EXCITING INTERVAL.— W\m?,X.^x Jay had succeeded in a 
treaty with England by November, 1794. It reached America 
March 7, 1795. The Senate was called to consider it, June 8, 
1795. It was ratified by a two-third majority, and while await- 
ing the President's signature its contents (June 29) were pre- 
maturely divulged by one of the Senators. Its appearance was 
the signal for a Republican attack on the administration, and on 
all concerned in its negotiation and ratification, which for the 
directness and bitterness of its personalism has probably never 
been surpassed. Meetings were called in the cities to denounce 
it, and to present appeals to the President not to sign it. It was 



THE UNITED STATES. 293 

denounced as not covering any of the causes of grievance. It 
left England at liberty to impress American seamen, to interfere 
with our commerce, to shut off our West India trade, and so 
on. The President signed it. This turned denunciation of the 
treaty into abuse of his administration. and himself He was 
charged with usurpation, with indifference to American prisoners 
in Algiers, with embezzlement of public funds, with official 
incapacity then and during the Revolution, with hostility to his 
country's interests, and even with treason. Malignity took the 
form of threats to impeach, and even to assassinate him. On 
Republican lips he was no longer " the Father," but " the Step- 
father of his Country." " He would rather be in his grave than 
in the Presidency," was his sad comment on these thoughtless 
and ^vulgar drives at his private character. The treaty itself 
came to his vindication. England speedily removed her Lake 
forts from American soil. In less than a year American com- 
merce took a rebound. Jay's much denounced treaty passed 
into political history with the approval of its bitterest opponents. 
FOURTH CONGRESS— First Session.— Met December 7, 

1795, at Philadelphia. Senate contained a Federal majority: 
House a Republican, though not united, majority. Jonathan 
Dayton, Federal, of New Jersey, was elected Speaker. The 
President's message was approved by the Senate, by a vote of 
14 to 8. The Republicans of the House refused to agree to a 
resolution which contained an expression of " confidence in the 
President and approval of his course." 

A CONFLICT. — The President sent to Congress, March i, 

1796, his proclamation that the Jay treaty had been duly ratified 
and was law. Mr. Livingstone, of New York, against the ad- 
vice of the more liberal members of his party, moved that the 
President be requested to send to the House a copy of the treaty 
arid all the papers connected with it. After an acrimonious de- 
bate the resolution passed by a vote of 57 Republicans to 
35 Federals. Washington refused to comply, saying that 
the House was not a part of the treaty-making power.* This 

*This answer of Washington involved the principle which has ever since been 
accepted as the correct one regarding treaties. 



294 POLITICAL HISTORY OF 

stirred the animosity of the Republicans still deeper. Word 
was passed to the country that a *' British party " existed, and 
that the administration had been corrupted with British gold. 
Indignation meetings were again called. The House resolved 
that it had a right to the papers because it was a judge of the 
necessity of a treaty wherever an expenditure of public money 
was involved. The Federals, under the lead of Fisher Ames, 
of Massachusetts, rallied to the support of a counter resolution, 
declaring that provision should be made for carrying out the 
treaty. This was distracting to the Republicans, and they 
fought it, at first very desperately, through the m.onth of April 
(to April 29th). In the meantime the country was responding, 
but not in a way the Republicans had hoped for. The people 
were tired of the agitation and did not want the treaty set aside. 
A Presidential election was coming on. It might not be prudent 
to push a doubtful question further at such a time. The Repub- 
lican majority weakened, fell into a deliberative mood, and 
finally helped to pass the Ames resolution by a vote of 51 
to 48. 

Questions of revenue occupied the rest of the session. One 
of them related to a further increase of Tariff rates, on which 
political lines were closely drawn, and the Federals, who fa- 
vored the increase, were beaten, Tennessee became a State 
of the Union June i, 1796, and on that day the Congress ad- 
journed. 

FAREWELL ADDRESS.— On September 17, 1796, Wash- 
ington gave to the American people his farewell address. He 
had been solicited by men of both political parties to become 
for the third time a candidate for the Presidency, and had been 
assured of the support of the people. But his determination to 
retire to private life could not be altered. His address, care- 
fully drawn and solemnly worded, was his vindication against 
attack, which was to stand for all time, and his appeal to his 
countrymen to be true to the government, to beware of foreign 
influences, to avoid party strife, and to cultivate religion, educa- 
tion, and patriotic devotion to their institutions. It was a full 
reflex of the man, conservative, yet firm ; solemn, yet hopeful ; 



THE UNITED STATES. 295 

plain, yet elegant; great, yet unselfish.* It was received every- 
where with approbation, and ranks to-day as a political classic, 
well worth study by every young man. 

ELECTION OF 1796. — The mission of Washington had 
been to hold sentiment together, or see that every conspicuous 
shade was represented, till the experimental period of the new 
government had passed. It had now passed, and his retirement 
left the field open to the square contention of parties. By mu- 
tual understanding, rather than by Congressional caucus nomina- 
tion, the candidates of the Federals became John Adams, of 
Massachusetts, and Thomas Pinckney, of Maryland, and those 
of the Republicans Thomas Jefferson, of Virginia, and Aaron 
Burr, of New York. 

There was no platform announcement of party principles, but 
the Federals claimed to represent Washington's policy of peace, 
neutrality, finance, progress, safety, and the right as founders of 
the government to place its existence beyond hazard before being 
called upon to part with their high trust. The Republicans 
claimed to be the advocates of economy, enlarged liberty, the 
rights of man, the rights of the States, and they did not hesitate 
to charge the Federals with every real and conceivable sin of 
commission and omission, among them an incHnation toward an 
English policy and form of government. Though this latter 
was in manifest forgetfulness of their own well-known favoritism 
for France, the country was reminded of it by a presumptuous 
paper issued, by the French Minister, called an "Address to the 
American People," and designed to influence the Presidential 
contest, in which the hint was thrown out that France would 
have to withhold intercourse with the United States if the 
Republicans were unsuccessful. 

* One characteristic of the address is its delicate undertone of vindication and 
complaint. The former was designed and exquisitely incorporated. The latter 
seems foreign to a man of Washington's iron will. But he was withal very sensi- 
tive, and it must have been well-nigh impossible for even one of his high, unbend- 
ing character, and though the paper were studied and stately to the last degree, to 
avoid all shadow of complaint. He had previously spoken of the attacks on him 
as aggravalingly malicious and personal, and made " in terms so exaggerated and 
indecent as could scarcely be applied to a Nero, a notorious defaulter, or even a 
common pickpocket," 



296 POLITICAL HISTORY. 

The Presidential election was held in November, 1796, the 
electors being chosen by the Legislatures of the several States, 
a practice which continued till 1824, and in some States till a 
later period. 

FOURTH CONGRESS — Second Session. — The Congress 
met December 5, 1796. It was a comparatively quiet session, 
and void of party interest. In February the count of the elec- 
toral votes was made, and the result showed a glaring defect in 
the method of choosing the President. Adams received 71 votes, 
Jefferson 68, Pinckney 59, and Burr 30. Thus there was a Fed- 
eral President and a Republican Vice-President, with all the con- 
fusion incident to a change of administration in mid-term, in 
case of the death or disability of the former, and all the danger 
to be apprehended from a like change if partisanship or corrup- 
tion should accomplish his impeachment or removal. The ex- 
perience furnished by the next Presidential election brought a 
much needed amendment of the method of voting. An amended 
Tariff act was passed March 3, which made a slight increase in 
the duty on manufactures of cotton. Congress adjourned sine 
die March 3, 1797, and on March 4 Adams and Jefferson were 
sworn into office. 

III. 

ADAMS' ADMINISTRATION. 

March 4, 1797 — March 3, 1801. 

John Adams, Mass., President. Thomas Jefferson, Va., Vice^ 
President, Seat of Government at Philadelphia. 



Congresses. Sessions. 

I, May 15, 1797-July 10, 1797, extra session. 
Fifth Congress, -j 2, November 13, 1797-July 16, 1798. 

December 3, 1798-March 3, 1799. 



(3. 

Sixth Concrfss / '' December 2, 1799-May 14, 1800. 
biXTH ^^ONGRESS. | ^^ November 17, 1800-March 3, 1801. 

ELECTORAL VOTE. 



Federals. Republicans. 



Basis of J. Adams, Thos. Pinck- Thos. Jeffer- A. Burr, Scat- 
States. 33,000. Votes. Mass. ney, Md. son, Va. N. Y. tering. 
New Hampshire. ...4 6 6 .. .. .. 6 

Massachusetts 14 i6 i6 13 .. .. 3 

Rhode Island 2 4 4 ,. ,. ., 4 




JOHN ADAMS. 



2B7 





F< 


iderals. 


Republi 


:cans. 






J. Adams. 


Thos. Pinck- 


Thos. Jeflfer- 


A. Burr, 


Scat- 


Votes. 


Mass. 


ney, Md. 


son, Va. 


N.Y. 


tering. 


9 


9 


4 




, , 


S 


12 


12 


12 


, , 


• • 




7 


7 


7 




• • 


^ ^ 


IS 


I 


2 


14 


13 


• ■ 


3 


3 


3 


• • 


• • 


• • 


lO 


7 


4 


4 


3 


2 


21 


I 


I 


20 


I 


IQ 


12 


I 


I 


II 


6 


5 


S 


• « 


S 


8 


• • 




4 


• • 


• • 


4 


• • 


4 


4 


4 


4 


• • 


• • 


, . 


4 




• • 


4 


4 




3 




• • 


3 


3 




138 


71 


59 


68 


30 


48^ 



298 POLITICAL HISTORY OF 

Electoral Vote — Continued. 

Basis of 
States. 33,000. 

Connecticut 7 

New York 10 

New Jersey 5 

Pennsylvania 13 

Delaware I 

Maryland 8 

Virginia 19 

North Carolina lO 

South Carolina 6 

Georgia 2 

Vermont 2 

Kentucky 2 

Tennessee I 

Totals 106 

THE CABINET. 

Secretary of State Timothy Pickering, Pa Contiitued. 

Secretary of Treasury. ..Oliver Wolcott, Conn ** 

Secretary of War James McHenry, Md. ....... " 

Secretary of Navy To Department of War till 1798. 

Attorney-General Charles Lee, Va ** 

Postmaster-General Joseph Habersham, Ga With Treas. Depart, till 1829. 

Continued. 

777^ INAUGURAL.— YxQ?A^^vi\. Adams in his inaugural 
broadly affirmed the policy of the Washington administrations, 
and made a calm and studied denial of the oft-repeated charges 
that the Federal party was influenced by English patronage or 
any love for England. It did not serve to mellow the bitterness 
of the Republicans. On the contrary, they seemed to share the 
bad feeling now openly manifested by the French Republic on 
account of Republican defeat in America. 

ARMED NEUTRALITY.^Ad2ims found his administration 
between an upper and nether millstone of excitement He must 
act and that promptly. Steps were taken toward preserving the 
neutrality established by the previous administrations, peaceably 
if possible, forcibly if necessary. A navy was improvised. 
Monroe, an ardent Republican and Minister to France, was re- 
called, and C. C. Pinckney sent in his stead. The French 

^ Of those marked as scattering Samuel Adams received 15; Oliver Ellsworth, 
1 1 ; George Clinton, 7 ; John Jay, 5 ; James Iredell, 3 ; George Washington, 2 ; John 
Henry, 2; S. Jphnson, 2; and Charles C. Pinckney, i. 



THE UNITED STATES. 299 

Directory parted with Monroe, expressing admiration for the 
American people, and contempt for the American government. 
They at the same time ordered Pinckney to quit their country, 
and declared they would receive no more American ministers 
till their grievances, prominent among which was the Jay treaty, 
were redressed. 

FIFTH CONGRESS— E-Ktvd. Session.~On hearing of the 
French attitude, the President called the Fifth Congress into 
Extra Session, May 15, 1797. It organized by electing Jonathan 
Dayton, of New Jersey, Speaker. He was a Federal, and that 
party had a majority in both branches. The President developed 
his foreign policy in an address. It meant neutrality, even at the 
expense of war with offenders. But three envoys were proposed, 
to go to France and exhaust all reasonable efforts for peace. 
These were approved by both Houses, and they departed on their 
mission. Congress adjourned July 10, 1797. 

AN EMPTY MISSION— Whi\Q the envoys were absent the 
respective parties kept their feelings ablaze by the old charges 
of English and French influence and favoritism. " The country 
contained few Americans, but very many English and French," 
was remarked of the situation by a foreign observer. The 
envoys, after a fruitless effort at peace, submission to conduct 
they regarded as humiliating, and refusal on their part to listen 
to a request for a loan to the French Republic as a preliminary 
to negotiations, came back to report their failure, and meet the 
ridicule of the Republicans. 

A CONDITION OF WAR.—\Vhi\Q the envoys— the X. Y. 
Z. mission* as they were called — had been treated hardly by 
the French, and no better by their opponents at home, the 
country was forced to confront the solemn fact that France was 
making not only secret attack upon its commerce, under cover 
of law, but open attack as well, which nothing but a state of war 
would excuse. Any vessel carrying American shipping papers 
was deemed fit subject for seizure and confiscation. 

■'^ Agents of the Prench Directory over the initials X. Y. Z. had intimated to the 
envoys the possibility of their success, provided they could offer some substantial 
money inducement. 



300 POLITICAL HISTORY OF 

FIFTH CONGRESS— Y\x^^ Regular Session.— Met at Phila- 
delphia, Nov. 13, 1797. The juncture was critical. The Re- 
publicans were so pronouncedly in favor of France, and 
were so strong, that it looked as if a policy of " Armed 
Neutrality " would at any moment go to the wall. Early in 
1798 they were able, in the House, to vote down a proposition to 
arm American vessels. But the Senate, April 8, made public 
the attempted negotiations of the envoys to France. They sur- 
prised both parties. The Federals became furious at the insult 
heaped on their accredited agents and at the double-dealing, not 
to say corrupt overtures, of the French Directory. The Re- 
publicans stood aghast at the revelation. They could not brook 
conduct so flagrant, much as their sympathies had been enlisted 
in behalf of their struggling brethren of France. The more 
patriotic and shrewder-minded turned in with the Federals. A 
respectable minority found silence golden. American self- 
respect and American danger impelled to a common political 
sentiment, and that sentiment found popular outburst in the cry 
of " millions for defence, but not one cent for tribute." 

ALIEN AND SEDITION LAWS.— Congress co-operated 
with the administration in placing the government on a war 
footing. The navy was strengthened, and orders were issued to 
seize French vessels operating against American commerce. 
Letters of marque and reprisal were authorized. Treaties with 
France were declared abrogated. A temporary army was 
ordered, to be commanded by Washington as Lieutenant- 
General. Thus far all was popular and unquestioned. But 
France was to be fought not only on the ocean and on the field. 
It was felt that she was stronger in the country through her 
secret emissaries than in any other spot. Hence, the Alien Law, 
passed June 25, 1798, giving the President power to order aliens, 
whom he should adjudge dangerous, out of the country, and 
providing for the fine and imprisonment of those who refused to 
go. This was followed by the Sedition Law of July 14, to re- 
main in force till March 3, 1801. It imposed fine and imprison- 
ment on conspirators to resist government measures, .and on 
libellers and scandalizers of the government, Congress or Presi- 
dent. 



THE UNITED STATES. 301 

NATURALIZATION Zv4]^— -This law required an alien to 
reside fourteen years in the United States before he could be 
naturalized. The Federals favored it on general principles of 
safety to the country, and because they felt that they could not 
hope for accessions to their party from any foreign element then 
likely to become immigrant. The Republicans fought for a five- 
year probation, on the ground that America was properly an 
asylum for all nations, that a longer term would cause too many 
of the inhabitants to owe no allegiance, and because they 
knew, with the Federals, that immigrants would naturally 
augment their political ranks. The Congress adjourned July 
i6, 1798. 

. STORMY INTER VAL.—Wslt action had been set into feverish 
reaction by the Alien and Sedition Laws, which the Republicans 
regarded as a violent stretch of constitutional authority, and as 
arming the government with altogether too much power, even 
for war times. Not choosing to distinguish between themselves 
and those at whom the laws were aimed, they claimed that they 
were a menace to all Republicans, that they abridged liberty of 
speech and the press, that they were unconstitutional out and 
out. They had the best of the argument before the country, 
for the Federals could only justify them by the necessities of the 
hour. Constitutional construction was then in its infancy, and 
any new step was likely to excite jealousy and alarm. As a 
matter of policy, they were a step beyond what the Federals need 
have taken. They had, without them, a patriotic and permanent 
standpoint, and they had for it a strong Republican support, 
especially among the people, caused by the action of the French 
Directory. Their execution gave greater offence than their 
enactment. Having gone too far to retract, the administration 
insisted on carrying them out, even though France had come 
forward to deny any knowledge of bribery and corruption on the 
part of her agents, and had expressed a desire for peace. Thus 
they became a torment to the Federals, present and recurring. 
Aware of their keenness as a political weapon the Republicans 
drove it home on every occasion. 

CONGRESSIONAL ELECTIONS.— -Though the enforce- 



302 POLITICAL HISTORY OF 

ment of the Alien and Sedition Laws was a source of weakness 
to the Federals, the Republicans soon felt they could not hope 
by their opposition to them to carry the fall (1798) Congressional 
elections. They therefore turned their attention to the State 
Legislatures, feeling that there their opposition could be made 
eifective in the next Presidential election. Effort took the shape 
of denunciatory resolutions (really proclamations) passed by the 
Legislatures of two States. They are noteworthy as being the 
first formal declaration of strict construction views of the day, 
and are worthy of study as containing the doctrine on which all 
subsequent strict constructionists have relied for their advocacy 
of State sovereignty, nullification and secession. 

RESOLUTIONS OF 1798.— The Kentucky resolutions were 
drawn by Jefferson, the Virginia resolutions by Madison. Both 
were adopted by the respective State Legislatures. The Vir- 
ginia resolutions declared the Constitution to be a compact made 
by the States and to form which the States had agreed to sur- 
render only a part of their own powers. The Federal govern- 
ment could not exceed the authority delegated to it by the 
States. If it did the States had a right to stop it, and to main- 
tain the powers they had reserved to themselves. The Alien 
and Sedition Laws were usurpations of powers not granted to 
the Federal government, for the Constitution forbade any abridg- 
ment of liberty of speech or the press. The State of Virginia 
declared them unconstitutional, and appealed to the other States 
to join her. The governor was ordered to lay the resolutions 
before the other State Legislatures. They were repeated in 

^799- 

The Kentucky resolutions repeated those of Virginia in sub- 
stance, and added that the Federal compact was as if a contract 
between two parties, the States being one, and the Federal gov- 
ernment the other; and that each party was to be the judge of 
any breach of the agreement, as well as of the manner of redress. 
These were also repeated in 1799, but with the wonderfully bold 
amendment, designed to draw the line between party opposition 
and criminal or treasonable opposition to the government, that 
the rightful remedy on the part of a State was " nullification of 



THE UNITED STATES. 303 

all unauthorized acts (by the Federal government) done under 
color of that instrument (the Constitution)." It ought to be 
observed, in justice to Jefferson, ever diplomatic, if very ardent 
in his Republicanism, and who, at this time a prospective candi- 
date for the Presidency, would not willingly have jeopardized 
his chances, however anxious he might have been to force home 
on the Federals their mistake in passing the Alien and Sedition 
Laws, that the final position taken in the Kentucky resolutions 
was far more ultra than his own, and that it was not regarded as 
good strict construction doctrine, till other causes, times and 
men,* conspired to give it sanction and render it operative. 

FIFTH CONGRESS— 'E.^corid. Session.— Met at Philadelphia, 
Dec. 3, 1798. Irregular ocean warfare was still going on be- 
tween American and French privateers. There was scarcely 
any opposition to an increase of the navy, but the Republicans 
antagonized every measure for an increase of the army, alleging 
that none was needed and that the matter was only an ingenious 
Federal scheme, gotten up for the sake of providing places for 
their party leaders. The President, who had hitherto been firm, 
but who began to feel that his firmness was really a source of 
weakness so far as his aspirations to succeed himself in office 
were concerned, departed from his determination not to negotiate 
further with France, and, without consulting his Cabinet, sent 
three other envoys to treat for peace. This action led to a divi- 
sion in the Cabinet, and the protesting members met with the 
approval of the Federal party at large. The effort of the Presi- 
dent to recover lost ground with the Republicans lost him more 
ground within his own party. Congress adjourned sine die 
March 3, 1799. 

SIXTH CONGRESS— Y'lrst Session.— Met at Philadelphia, 
Dec. 2, 1799. Theodore Sedgwick of Massachusetts was chosen 
Speaker. He was a Federal, and the Federals had a good work- 
ing majority in both Houses. They represented the war feeling 
of the country, and had been chosen before sentiment began to 
revolt against the enforcement of the Alien and Sedition Laws, 
at least before such revolting sentiment could be made effective 

* Notably 1832, Calhoun's time; and i860, the era of open secession. 



^04 POLITICAL HISTORY OF 

in the Congressional districts. It was the policy of the Repub- 
licans to avoid all party contests. Drawing their inspiration 
from Jefferson, they kept quiet, conscious that the ferment of 
opposition already active in the body politic would work favor- 
ably to them, and by no means displeased witnesses of the 
estrangement, gradually growing wider, between the President, 
and such prominent Federal leaders as Hamilton and others. 
The Federals in Congressional caucus nominated as their candi- 
dates for the Presidency John Adams, of Mass., and C. C. 
Pinckney, of S. C. The Republicans, in a Congressional Con- 
vention* at Philadelphia, nominated Thomas Jefferson, Va., and 
Aaron Burr, N. Y. Congress adjourned May 14, iSoo.t 

ELECTION OF 1800.— Though the Legislatures of the 
States did not meet to choose Presidential electors till Novem- 
ber, the fact that those bodies chose them made the Presidential 
result turn on their political complexion. The Presidential elec- 
tion was therefore in reality scattered over a great part of the 
year previous to November. Adams was unfortunate in not 
having the undivided support of his party. The State election 

* This term " Congressional Convention " implies what we would n6w under- 
stand to be a Congressional Caucus. It was full, formal and called, and therein 
differed from those informal caucuses of members which had bespoke former nom- 
inations. The first political platform, and the only one till the Clintonian address 
or platform of 1812, was that of this Republican Congressional Convention of 1800 
which nominated Jefferson. It announced (i) *' Preservation of the Constitution in 
the sense in which it was adopted by the States ; " (2) " Opposition to monarchizing 
its features ; " (3) " Preservation to the States of the powers not yielded to the 
Union, and to the Legislature of the Union its constitutional share in division of 
powers;" (4) "A rigorously frugal administration of the government ; " (5) "Re- 
liance for internal defence solely on the militia, until actual invasion, and for such 
naval force only as may be sufficient to protect our coasts and harbors; " (6) " Free 
commerce with all nations, political connection with none, and little or no diplo- 
matic establishment ; " (7) "No linking ourselves with the quarrels of Europe;" 
(8) "Freedom of religion;" (9) "Freedom of speech and the press;" (10) 
" Liberal naturalization laws; " (11) " Encouragement of science and art." 

f On May 13, 1800, the sixth amended Tariff act was passed, raising the duty on 
sugar one-half cent per pound, and on silk 2^ per cent. The rates on the leading 
articles now ranged as follows : Sugar, 2^ cents per pound ; coffee, 5 cents per 
pound ; tea, 18 cents per pound; salt, 20 cents per bushel; pig iron, 15 per cent.; 
bar iron, 15 per cent.; glass, 20 per cent.; cotton goods, 15 per cent.; woollens, 
12^ to 15 per cent. ; silk, 2j^ per cent. 



THE UNITED STATES. 305 

in New York, April 28, resulted in a Republican Legislature. 
This result, due more to Hamilton's estrangement than to either 
Jefferson's or Burr's popularity, was a bad omen for the Federals. 
Adams was so piqued that he dismissed Hamilton's friends from 
the cabinet, and they went forth branded as British factionists. 
The Republicans had been making their ground solid in the 
States by such means as the Kentucky and Virginia resolutions 
for two years. But despite their seeming advantage of harmony 
and popular hue and cry, the returns in November were doubt- 
ful till South Carolina was heard from. Her vote settled the 
election in favor of the Republicans. 

SIXTH CONGRESS—Second Session.— Met at Washing- 
ton, Nov. 17, 1800.* This short session had a problem on hand 
which loomed up in the Fourth Congress, and which in certain 
shapes has returned periodically to plague Congress and the 
people. The electors had voted under the then existing consti- 
tutional provision, each for two candidates not of the same 
State. In February, 1801, when Congress came to count the 
returns, it was found that Jefferson and Burr each had 73 votes, 
Adams 65 and Pinckney 64. There was therefore no choice, for 
no one candidate had the highest vote. 

CONTESTED ELECTION.— Th^ election passed to the 
House, where a protracted struggle resulted, and one full of bit- 
terness and danger. The Federal element had to choose between 
two Republicans, one of whom, Jefferson, the Republicans were 
bent on making the President, the other, Burr, the Vice-Presi- 
dent. Some of the Federals preferred to reverse this, not only 
to balk the Republican plan, but because they regarded Jefferson 
as a more formidable opponent than Burr. Burr himself fell, of 
course, to this idea, and fostered it by all the arts of which he 
was the well-known master. Balloting began Feb. 1 1, and, after 
running for several days, the Federals proposed to confess their 
inability to elect by vote of the States. Against this the Repub- 
licans threatened armed resistance. After other days were con- 

* The Capitol building was ready in June, 1800, and the ten years during which 
the seat of government was to remain at Philadelphia having expired, it was form- 
ally removed to Washington at this session of Congress, 
20 



306 POLITICAL HISTORY OF 

sumed in idle balloting, the Federals were charged with a wish 
to put off the election till after the 4th of March and thus to 
make John Jay, Chief Justice of the Supreme Court, the tempo- 
rary President. The result proved that this charge had no 
foundation. Burr finally lost caste in his attempts to dicker with 
the Federals, and Jefferson won on the 36th ballot, Feb. 17, by 
securing ten States, leaving four for Burr and two blank. This 
contention so clearly proved the defects and dangers of the plan 
of electoral voting that the Twelfth Amendment was proposed 
to the Constitution, Dec. 12, 1803, and declared in force Sept. 
25, 1804. Congress adjourned sine </2>, March 3,1801. Jeffer- 
son was sworn in as President and Burr as Vice-President, 

March 4. 

IV. 

JEFFERSON'S FIRST ADMINISTRATION. 

March 4, 1801 — March 3, 1805. 

Thomas Jefferson, Va., President. Aaron Burr, N. Y., Vice- 
President. Seat of Government at Washington. 

Congresses. Sessions. 

o CoNCRFSS / '' December 7, i8oi-May 3, 1802. 

bEVENTH LONGRESS. | ^^ December 6, 1802-March 3, 1803. 



I, October 17, 1803-March 27, 1804. 

ELECTORAL VOTE. 



Eighth Congress. { J; November 5, 1804-March 3, 1805. 



Republicans. Federals. 

r * > I * - 

Basis ot Thos. Jeflfer- A. Burr, J. Adams, C. C. Pinck* 

States. 33,000. Votes. son, Va. N. Y. Mass. ney, S. C. 

Connecticut 7 9 •• .. 9 ' 9 

Delaware I 3 .. .. 3 3 

Georgia 2 4 4 4 •• 

Kentucky 2 4 4 4 .. 

Maryland 8 lO 5 5 5 5 

Massachusetts 14 16 . . . . 16 16 

New Hampshire. .. . 4 6 .. .. 6 6 

New Jersey 5 7 •• •• 7 7 

New York lO 12 12 12 

North Caiolina 10 12 884 4 

Pennsylvania 13 ^S ^ ^ 7 7 

Rhode Island 2 4 .. Sc* 4 3 

South Carolina 6 8 8 8.. o. 

Tennessee I 3 5 3»* •• 

Vermont 2 4 .. .. 4 4 

Virginia 19 21 21 21 ., ^j|_ 

Totals 106 138 73 73 65 64! 

* This one vote was thrown for John Jay, 

f No choice. See contested election on p. 305. 




THOMAS JEFFERSON. 



807 



308 POLITICAL HISTORY OF 

CABINET. 

Secretary of State James Madison, Va. 

Secretary of Treasury.. .Samuel Dexter, Mass Continued. 

Secretary of War Henry Dearborn, Mass. 

Secretary of Navy Benjamin Stoddard, Md. . . .Continued. 

Attorney-General Levi Lincoln, Mass. 

Postmaster-General Joseph Habersham, Ga Continued. 

POLITICAL REVOLUTION.— T\iQ Republican sweep was 
clean, up to the door of the Judiciary. Adams' defeat was keenly- 
felt, though not unexpected. . He had many admirers who remem- 
bered with pride his eloquence in behalf of Independence, and 
his bold stand in favor of Federalism. But the loss of a Presi- 
dent was as nothing compared with the permanent break in the 
Federal lines. The breaches were too wide 'for healing. The 
prestige it had acquired in placing the government on a firm 
basis, in anxious controversy for such power as would make it 
respected at home and abroad, in spirited contention for a policy 
of neutrality, and in timely, though not very masterly, effort to 
restrain the French Republican influence, had been badly clouded 
by some of its later efforts to hold political place, or at least pre- 
vent certain of its opponents from holding the same. Its internal 
weaknesses were now in sad contrast with that former boldness 
which successfully dared the most intricate financial problems, 
provided an ample revenue, and established an enduring national 
credit. 

NEW POWER. — Jefferson's inaugural address laid down the 
policy of the Republican party. After attempting to remove 
asperities and smooth differences, he announced the intention 
to continue the payment of the public debt, reduce the army and 
navy, lower taxes, restrict the power of Federal government to 
the lowest limit permitted by the Constitution, and preserve the 
State governments in all their rights. While the message had 
the effect of abating party spirit somewhat, the old outcrops of 
enmity were still frequent. Federals were still " Black Cockade 
Federals." Republicans were still " Democrats and Jacobins." 
The wealth, intellect and culture of the country, largely of Fed- 
eral type, naturally felt apprehensive of a situation now com- 
manded by those it had learned to look upon with distrust and 



THE UNITED STATES. 309 

to associate with what was foreign and revolutionary in spirit. 
Perhaps they saw in Jefferson himself all they feared from his 
party, when they spoke of him as " an atheist in religion and a 
fanatic in politics." 

REMOVALS FROM OFFICE.— T\iQ President proceeded 
immediately to undo some of the centralizing measures of the 
preceding administration by pardoning those imprisoned under 
the Alien and Sedition Laws. Then he turned his attention to 
his party friends anxious for office. His removal of Elizur 
Goodrich, Federal, from the Collectorship of New Haven, and 
the appointment of Samuel Bishop, Republican, in his stead, was 
looked upon as a proscriptive innovation, and brought a Federal 
storm about his ears. Washington had made his appointments 
without reference to political opinions. Adams had made few 
removals and none for political reasons. Why should the old 
rule be broken? And especially why should it be broken in 
this instance when Goodrich was competent and Bishop was 78 
years old and incompetent ? To all which Jefferson made the 
memorable reply whose spirit was, in Jackson's time, incorpo- 
rated into the aphorism, " To the victor belong the spoils." 
With rare sagacity, he, however, drew a fine line of distinction 
between removals for retaining opinions and removals for using 
influence. The former he would not make, the latter he would 
make. And again he would rebuke President Adams, by re- 
moving all his appointees after the result of the Presidential 
election became known.* All of this is interesting as the rather 
cautious beginning of, that policy of removal from office, and 
appointment thereto, which grew by slow degrees until Jackson 

* Jefferson said that it was not " political intolerance to claim a proportionate share 
in the direction of public affairs. If a due participation of office is a matter of right, 
how are vacancies to be obtained? Those by death are few, by resignation none." 
He would base his causes for removal as " much as possible on delinquency, on 
oppression, on intolerance, on ante-revolutionary adherence to our enemies." After 
thus getting a fair quota of the offices for his party, and thus correcting what he 
charged as erroneous procedure on the part of his predecessor, he said, " that d©ne, 
I will return with joy to that state of things when the only questions concerning a 
candidate shall be ; Is he honest ? Is he capable ? Is he faithful to the Con§titu- 
tign?" 



310 POLITICAL HISTORY OF 

claimed the policy to be an indisputable right, and which has been 
exercised since by all political parties as such, until questioned 
by the civil service reform spirit of the present day. 

SEVENTH r6>A^6^i?i5"55— First Session.— Met Dec. 7, 1801. 
Organized by electing Nathaniel Macon, Republican, of North 
Carolina, Speaker, there being a small Republican majority in 
both branches. Instead of delivering his message in person to 
the Congress as Washington and Adams had done, Jefferson 
presented it in writing and thus established a custom which has 
ever since been maintained, for convenience sake as well as for 
its accordance with republican simplicity. The Congress went 
manfully to work to modify previous Federal legislation. The 
limit for naturalization was fixed at five years, with privilege of 
declaration of intention after a residence of three years. The act 
of 1798 required a residence of fourteen years. A sinking fund 
was established. The army, navy and taxes were reduced. 
Perhaps the most direct blow at the Federals was the repeal of 
the Judiciary law. The law of the previous session had estab- 
lished twenty-four new Circuit Courts, the officers for which 
Adams had appointed the last thing before retiring. The Re- 
publicans said this was an abuse of his power, in that the com- 
missions had been made out and signed after the results of the 
Presidential election had become known. They called them 
" midnight judges," and though the Federals declared that there 
was judicial work for all of them, and further that Adams had 
not exceeded his authority in granting their commissions, the 
Republicans found a way to overcome, for the time being, their 
strict construction notions and repeal the bill. This drove the 
Federals from their last hold on the government, and they never 
recovered their lost ground. Ohio entered the Union Nov. 29, 
1802. Congress adjourned May 3, 1802. 

LOUISIANA PURCHASE.— K^^\xhX\Q,^xi zeal for France and 
the French Republican cause received a blow early in 1802 when 
it was announced that Spain had secretly ceded the Louisiana 
Territory to France. Our government had been making war 
preparations against Spain in order to settle the right to free 
navigation of the Mississippi, and to equal privileges about the 



THE UNITED STATES. 311 

Gulf entrance. By the cession to France, the entire programme 
changed. The government was confronted with a new and more 
formidable owner of this vast country of Louisiana,* and proba- 
bly with a new set of complications. Minister Livingston was 
instructed to remonstrate with the French Emperor and to say 
that France's possession of this territory would drive the Ameri- 
can Republic to enter into an alliance with England. James 
Monroe was sent to Livingston's aid, with instructions to buy 
Florida and the Island of Orleans, which Jefferson mistakingly 
supposed had been embraced in the Spanish cession to France. 
Monroe found France in need of money for contemplated war 
on England and not averse to selling all of Louisiana. A bar- 
gain was at once struck for ;^ 15,000,000, and though Monroe 
had exceeded his instructions and no authority existed anywhere 
for the transaction, Jefferson agreed to the contract, trusting to 
the Congress and the people to stand by him. In this he was 
not disappointed. The treaty of purchase was ratified by the 
Senate, Oct. 20, 1803. 

SEVENTH CONGRESS— Second Session.— Met Dec. 6, 
1802. The respective parties were so watchful of each other and 
so resolute that each failed to accomplish any significant political 
legislation. The action of Spain was censured by the Republi- 
cans. Attempts to amend the Constitutional mode of electing a 
President, to abolish the mint, and to fasten a charge of mis- 
management on the Treasury Department, failed. Congress 
adjourned shte die, March 3, 1803. 

EIGHTH CONGKESS — First Session. — This Congress was 
called together Oct. 17, 1803, in order that the treaty for the 
purchase of Louisiana might be disposed of The Republican 
majority had been increased, the Federals having lost some of 
their best leaders. Nathaniel Macon was again chosen Speaker. 
The debates on the ratification of the treaty were similar to those 
over the Jay treaty of 1795, but parties were turned right round, 
the Republicans using the old Federal, and the Federals the old 
Anti-Federal logic. As observed above, the treaty was ratified 
by the Senate Oct. 20, 1803, and the House made the appropria- 
* For fuller account of this purchase, see ante, page 105, 



312 POLITICAL HISTORY OF 

tion to carry it into effect.* The Twelfth Amendment to the 
Constitution changing the mode of Presidential election was 
passed Dec. 12, 1803, and ratified by the States by Sept. 25, 
1804. The first articles of impeachment under the new govern- 
ment were voted by the House against Judge Pickering of the 
United States District Court of New Hampshire, for occasional 
drunkenness. The articles were sustained and the judge dis- 
missed. Other articles were voted against Judge Chase, of Md., 
and Judge Peters, of Pa., for arbitrary conduct in trying cases 
under the Alien and Sedition Laws. The Federals took alarm 
at these steps and boldly charged the Republicans with a design 
to make places for their party judges, and to impair if not 
destroy the judiciary. An amended tariff bill was passed 
March 26, which, if anything, increased the average rate of 
duties then existing. Congress adjourned March 27, 1804. 

ELECTION OF 1804. — Burr had never secured Jefferson's 
confidence after the suspicion that he had tried to barter with the 
Federals for his defeat during the previously disputed Presi- 
dential election. Besides he had then come too near the Presi- 
dency to suit Jefferson's idea of his own success. He was there- 
fore sacrificed in the Congressional caucus, and Jefferson and 
George Clinton of New York became the Republican nominees 
for President. The nominees of the Federals were C. C. Pinck- 
ney, S. C, and Rufus King, N. Y. The Federals were vanquished 
in every State except Connecticut, Delaware and part of Mary- 
land. 

EIGHTH CONGRESS^Second Session.— Met Nov. 5, 
1804. The session was not complimentary to the Republican 
majority. The impeachment trial of Judge Chase came on 
under the articles previously drawn in the House. It took a 
decided partisan turn and awakened the bitterest sentiment. 
Burr, who was under a cloud for having killed Hamilton, and 
who felt keenly the disappointment of defeat at the hands of 
his Republican friends, did much, as presiding officer at the 

* Senate vote for ratification was 24 to 7 ; and House vote for the appropriation 
was 90 to 25, so that the purcbase, pot-yv^uhstg-ncling its irregularity, was j^bundantly 
confirmed, 



THE UNITED STATES. 313 

trial, by his refusal to hearken to the demands of his party, to 
re-establish his lost reputation. This angered the Republicans 
all the more, and when their determination to convict was met 
by a square verdict of acquittal on all the charges, they proposed 
several Constitutional amendments (none of which carried), 
making impeachment, conviction and removal from office easier. 
The electoral votes were counted in February. Jefferson and 
Clinton had 162, and Pinckney and King, 14. The Eighth 
Congress adjourned sine die, March 3, 1804. The success- 
ful Presidential candidates were sworn into office March 4, 
1804. 

V. 

JEFFERSON'S SECOND ADMINISTRATION. 

March 4, 1805 — March 3, 1809. 

Thomas Jefferson, Va., Presidejit. George Clinton, N. Y., 

Vice-President. 

Congresses. Sessions. 

Ninth Congress. \ \^ ^ecember 2, 1805-April 21 1806. 
( 2, December i, 1806-March 3, 1807. 

Tenth Congress. [ '' 2r''''^V\'^Vl/^^'^ l^' '^f' 
\ 2, November 7, 1808-March 3, 1809. 

ELECTORAL VOTE.^ 

Republicans. Federals. 

Basis of Thos. Jeffer- G. Clin- C. C. Pinck- R. King, 

States. 33,000. Votes. son, Va. ton, N. Y. ney, S. C. N. Y. 

Connecticut 7 9 .. .. 9 9 

Delaware I 3 .. .. 3 3 

Georgia 4 6 6 6 

Kentucky 6 8 8 8 

Maryland 9 II 9 9 2 2 

Massachusetts 17 19 19 19 ., .. 

New Hampshire. ... 5 7 7 7 

New Jersey 6 8 8 8 

New York 17 19 19 19 

North Carolina. .. . 12 14 14 14 

Ohio I 3 3 3 

* While the nominations did not distinguish between President and Vice-Presi- 
dent, the candidates were voted for as if they had been so distinguished, the Con- 
stitutional amendment (the twelfth) having been ratified in September in time for 
the vote to be east under its provisions, 



314 POLITICAL HISTORY. 

Republicans. Federals. 



Basis of Thos.Jeffer- G.Clin- C. C. Pinck- R.King, 

-States. 33,000. Votes. son, Va. ton^N. Y. ney, S. C. N. Y. 

Pennsylvania 18 20 20 20 

Rh®de Island 244 4 

South Carolina 8 lo lO lO 

Tennessee 3 5 5 5 

Vermont 4 6 6 6 

Virginia 22 24 24 24 

Totals 142 176 162 162 14 14 

THE CABINET. 

Secretary of State James Madison, Va Continued. 

Secretary of Treasury .... Albert Gallatin, Pa , . " 

Secretary of War Henry Dearborn, Mass. ... " 

Secretary of Navy Jacob Crowninshield, Mass. 

Attorney-General Robert Smith, Md, 

Postmaster-General Gideon Granger, Conn. 

POLITICAL SITUATION.— ThQ Congressional elections 
had been nearly as disastrous to the Federals as the Presidential 
election. They were strong only in New England, and even 
there Vermont had turned Republican. Federalism was clearly 
moribund. The Republicans had the affirmative. The times 
were prolific of new situations, which could be turned to popular 
account. Jefferson understood the art of keeping his party on a 
happy vantage ground better than any statesman in it, and as he 
had its entire confidence, so far as the masses were concerned, 
he exercised a control which was quite autocratic. 

NINTH CONGRESS— Yirst Session.— Met Dec. 2, 1805. 
Organized by re-electing Nathaniel Macon Speaker. Both 
Houses strongly Republican. A notable event was the 
estrangement of John Randolph, of Virginia, from the President. 
His ambition to go as Minister to England had not been grati- 
fied, and he had failed also in his aspirations to be the leader of 
the administration on the floor of Congress. He therefore with 
a small following threw his strength to the Federals, and thus 
augmented they became a brilliant, determined and useful mi- 
nority. The Spanish Mississippi situation was still delicate. It 
was decided that the best way fo settle it was to buy out the re- 
maining interest of Spain in our soil. The President was author- 
ized to make the purchase, but it was not effected till 1 8 19. 
Though both England and France were violating the rights of 




315 



316 POLITICAL HISTORY OF 

neutrals, the President would not sanction the building of an 
American navy, but compromised on a system of gunboats, 
which was much ridiculed by his opponents. Republican par- 
tiality for France was shown by the passage of a measure pro- 
hibiting the importation of English goods after Nov. 15, 
1806. This was designed to be retaliatory of England's violation 
of the rights of neutrals. As France had been, and was still, 
equally guilty, the blow might very justly have been aimed at 
both. Not yet tired of efforts to Republicanize the Judiciary, 
another attempt was made to clear out the old Federal incum- 
bents, but it failed. A strained situation for the Republicans 
grew out of the proposition to build a National Road from the 
Potomac to the Ohio. Contrary to all their previous views of a 
rigid construction of the Constitution, and in vivid contrast with 
the notions of their school which prevailed for fifty years after- 
wards respecting internal improvement, they enacted to lay out 
and build such road. An adjournment took place April 21, 
1806. 

NINTH CONGRESS— Second Session.— Met Dec. i, 1806. 
During the vacation Burr's enterprise of a Southwest Empire 
became public, and the President had ordered his arrest. Infor- 
mation of the scheme was laid before Congress, and the Senate 
enacted to suspend the writ of habeas corpus for three months, 
but the House did not concur. Financial management had been 
such as to produce an excess of receipts over expenditures. 
This excellent condition the President proposed to turn to the 
account of the country by devoting the surplus to education and 
national road and canal making. He was however too far in 
advance, or outside, of his party in this matter to be able to per- 
suade it to any such general undertaking. A revulsion of sen- 
timent had set in on the discriminating act against England, 
passed at the previous session, and the President was given 
power to suspend the operation of the law till December, 1807. 
Congress adjourned sine die, March 3, 1807. 

BURR BUBBLE.— \n the early part of the year 1807 the 
Burr bubble burst, and he returned, under arrest, to Virginia, the 
scene of his plots, for trial. What he designed to accomplish 



THE UNITED STATES. 31 7 

by his expedition down the Mississippi has never been accuratelx- 
known. His enemies regarded his scheme as treasonable, having 
for its object the estabhshment of an empire in the Southwest so 
as to control the commerce of the Mississippi. His friends — 
rather his excusers, for friends were hardly possible — gave him 
the credit of a far-sighted enterprise to expel all foreign influence 
from the region of the Gulf, provide an inviting field for immi- 
gration, and thus establish Federal sovereignty in a distant and 
dangerous part of the public domain. However it may all be, 
his trial was now (May, 1807) on at Richmond, before Chief 
Justice Marshall. It was far more political than judicial. The 
Federals, who had denounced the President's order for arrest as 
a usurpation of authority, now heaped personal invective on him 
for his anxious letters to the District Attorney and his open at- 
tempts to influence the trial. Nothing, however, served to deter 
Jefferson. He had no love for Burr, and, further, he felt that his 
conviction was to be his own vindication for a procedure which 
was so bitterly denounced as arbitrary and without precedent. 
The result was Burr's acquittal for want of jurisdiction. The 
defeat of the administration was humiliating in proportion to its 
anxiety to impress the trial. 

TENTH CONGRESS— Yirst Session.— Met Oct. 26, 1807, 
and organized by electing Joseph B. Barnum, Republican, 
of Massachusetts, Speaker, there being again a Republican ma- 
jority in both branches". An early session was called to consider 
the attitude of England. The foreign outlook was by no means 
assuring. The English treaty of 1806 had been rejected by the 
President on his own responsibility, because, like the Jay treaty 
of 1795, it left England at liberty to search American ships and 
impress American seamen. This the Federals stoutly opposed 
as a bold assumption on the part of the President and because 
they, being largely the commercial part of the community, were 
most anxious for some kind of a treaty with England. But 
above all the snubbing of England by the President led her to 
stubborn and retaliatory renewal of her aggressions. In June, 
1807, the Leopard, a British frigate, attacked the Chesapeake, an 
American frigate, in Hampton Roads, and forcibly removed four 



318 POLITICAL HISTORY OF 

seamen, ostensibly English. Here parties swung to and fro and 
almost embraced. The Federals became indignant at England 
for this outrage. The Republicans had grown lukewarm toward 
France, who, though not so boldly, was practising the same in- 
vasions of neutral rights. Our commerce suffered most from 
English aggressions, only because England was stronger than 
France on the water. So great was the destruction of our com- 
merce that Jefferson privately wrote how he had come to regard 
" England as a den of pirates and France as a den of thieves." 

EMBARGO ACT. — England's prohibition of all commerce 
with France, a similar prohibition by France, blockades by each, 
searches of neutrals by both, led the President to a proclamation 
against British armed ships entering American ports. To sup- 
port him in this was the object of the called session. The Re- 
publicans passed his Embargo bill, against the opposition of the 
Federals supported by the Randolph Republicans, or quids, as 
they were facetiously called, both of whom argued that it would 
retroact on the United States and lead to more complete com- 
mercial ruin than direct aggression by either England or France 
had done. The Republicans averred it must be either an Em- 
bargo or war, and chose the former, not without a modification, 
however, to the extent of making it operative during the Presi- 
dent's pleasure. The Embargo Act passed Dec. 21, 1807, by a 
vote of 87 to 35 in the House and 19 to 9 in the Senate. It 
prohibited American vessels sailing from foreign ports, foreign 
vessels taking cargoes from American ports, and all coasters 
from landing cargoes elsewhere than in the United States. It 
proved to be a veritable boomerang, as the Federals had pre- 
dicted. Congress adjourned April 25, 1808. 

ELECTION OF 1808. — During the summer and autumn 
of 1808 sentiment was shaping for the Presidential contest. For 
a long time (since 1 806) Randolph had been actively engineer- 
ing the cause of Monroe, who was Minister to England, against 
Madison, whom Jefferson had been coaching for his successor. 
But the Congressional caucus nominations at the called session 
had resulted in the nomination of James Madison, Va., for Presi- 
dent, and George Clinton, N. Y., for Vice-President, on the part 



THE UNITED STATES. 319 

of the Republicans, and C. C. Pinckney, S. C, for President, and 
Rufus King, N. Y., for Vice-President, on the part of the Fed- 
erals. Jefferson, like Washington, had been requested to accept 
a third term but declined. The issue turned on the Embargo 
Act, the Federals denouncing it as unconstitutional, as destructive 
of American commerce, and as tending to help England as 
against France — a cunning argument in view of previous Re- 
publican favoritism for France, yet one whose truth was daily 
becoming apparent. They carried their opposition to the verge 
of physical resistance along the New England coast, and really 
lost sight of the political situation in their vehement desire to 
force the repeal of a destructive and obnoxious law. The result 
in November was a majority of Republican electors, though by 
no means as large as that for Jefferson. 

TENTH CONGRESS— Second Session.— Met Nov. 7, 1808. 
Opened with protests against English and French aggressions, 
and an attempt of the Federals to repeal the odious Embargo 
Act, whose operation had by this time driven them to commer- 
cial despair. The President was informed by John Q. Adams, 
who had resigned from the Legislature of his State (Mass.) be- 
cause his advocacy of the Embargo had drawn public censure, 
that it would be impossible to further enforce the act in New 
England, and that a scheme of open resistance was already in 
course of preparation. However truthful this might have been — 
it was stoutly denied, — and however much it may have been a 
part of Adams' wish to thus secure administrative favor — he was 
soon after sent as minister to Russia, — it is certain Jefferson 
changed front on the question, and with him the entire Repub- 
lican party. The bill was repealed, the repeal to operate on and 
after March 4, 1809, and a simple Non-Intercourse Act substi- 
tuted. The Republicans even went so far as to pronounce in 
favor of an Arnerican navy, and full protection of American 
rights on the high seas. Had this wonderful surrender taken 
place a few months earlier, the Federals must have swept the 
country in the Presidential contest. But it was shrewdly post- 
poned till after the verdict had been recorded. 

The electoral votes were counted in February. Madison had 



320 



POLITICAL HISTORY OF 



for President 122, and George Clinton 6. Pinckney had for 
President 47. P'or Vice-President Clinton had 113, King 47, 
and 15 were scattering. Congress adjourned sine die March 4, 
1809. Madison and Clinton were sworn into office March 4, 
1809. 

VI. 

MADISON'S FIRST ADMINISTRATION. 

March 4, 1809 — March 3, 18 13. 
James Madison, Va., President. George Clinton, N. Y., Vice^ 



Congresses. 



Eleventh Congress. 



Twelfth Congress. 



President. 

Sessions. 

1, May 22,. 1 809 — June 28, 1809, extra session. 

2, November 27, 1809 — May i, i8io. 

3, December 3, 1810 — March 3, 1811. 

r I, November 4, 181 1 — July 5, 1812. 
12, 



November 2, 1812 — March 3, 1813. 



ELECTORAL VOTE.' 



Basis of 

States. 33,000. Votes. 

Connecticut 7 9 

Delaware I 3 

Georgia 4 6 

Kentucky 6 8 

Maryland 9 II 

Massachusetts 17 19 

New Hampshire.. ..5 7 

New Jersey 6 8 

New York 17 19 

North Carolina. ... 12 1 4 

Ohio I 3 

Pennsylvania 18 20 

Rhode Island 2 4 

South Carolina .... 8 lO 

Tennessee 3 5 

Vermont 4 6 

Virginia 22 24 

Totals 142 176 

THE CABINET.-\- 



Republicans. 



Federals. 



J. Madi- 
son, Va. 



6 
7 
9 

's 

II 

3 
20 

10 

5 
6 

122 



G. Clinton, C. C. Pinck- R. King, 
ney, S. C. N. Y. 

9 9 

3 3 



N. Y, 

6 
7 
9 



13 
II 

Sc. 

20 

10 

5 

24 
113 



.2 

19 

7 

Sc. 
3 



I vacancy. 



2 

19 

7 

Sc. 
3 



47 



Sc. 



47 



Secretary of State Robert Smith, Md. 

Secretary of Treasury Albert Gallatin, Pa Continued. 

* Of those marked scattering Clinton received 6 for Pi-esident, and for Vice-Presi- 
dent Madison received 3, John Langdon 9, and James Monroe 3. 

f The Cabinets as here found are those first organized by the incoming administra- 
tions. For the changes and all incumbents see the respective department heads under 
" Ruling Nationally." 



THE UNITED STATES. 321 

The Cabinet — Continued. 

Secretary of War William Eustis, Mass. 

Secretary of Navy Paul Hamilton, S. C. 

Attorney-General C. A. Rodney, Pa Continued. 

Postmaster-General Gideon Granger, Conn " 

POLITICAL SITUATION.— i:\i& Republicans were on the 
eve of an entire change of policy. Jefferson had adroitly handled 
the old Federal policy of neutrality so as to keep a show of firm- 
ness, and at the same time avoid armed conflict with England 
or France. On the score of economy he opposed high taxes, 
a navy, an army. Madison fell heir to this policy. When 
Erskine, British Minister, tnistakingly informed him that Eng- 
land desired peace, Madison immediately suspended the Non- 
Intercourse Act, as he was authorized by its terms to do, so far 
as England was concerned. But when England repudiated the 
conduct of Erskine, the President had to restore the operation 
of the act. Whether this was sheer double-dealing on the part 
of England, or only a Republican trick to influence sentiment, 
as the Federals claimed, from that time on the drift toward war 
was too strong for the Republicans to resist. The schism in the 
ranks of the party left an active minority to operate on the strict 
party flanks. It was a time when a body of new leaders, active 
and strong, could walk away with the organization and shift its 
ancient policy. From this time on, too, we begin to hear popular 
mention of the word Democrat. As admiration for France, which 
had made the word Republican popular, subsided, as Jacobin 
and Democrat were no longer offensively identical, and further 
as there were two schools of thought in the Republican ranks, 
one newer and more aggressive than the other, it became com- 
mon for the older to designate themselves as Democrats, that is, 
the true Republicans, the primitive Democratic-Republicans. 

ELEVENTH CONGRESS— Extra Session.— Met May 22, 
1809, with a Republican majority. Organized by re-electing 
Joseph B. Varnum, Mass., Speaker. The only matter before it 
was the President's suspension and reassertion of the Non-Inter- 
course Act. After affirming his action Congress adjourned, June 
28, 1809. 

ELEVENTH CONGRESS— First Regular Session.— Met 
21 



322 POLITICAL HISTORY OF 

Nov. 27, 1809. The Non-Intercourse act was continued, and 
the British Minister was censured for contradictory statements 
and obtrusive conduct. France had shrewdly shaped her com- 
mercial policy so as to receive all the benefits of the American 
position. This galled England all the more, and as a conse- 
quence her attitude became more hostile. In advocacy of her 
right to search American vessels for deserted British seamen, 
she announced as final the doctrine, " Once an Englishman, al- 
ways an Englishman." During the session the Republicans had 
a large majority and shaped legislation without much dissent 
from the Federals. Adjourned May i, 18 10. 

ELEVENTH CONGRESS— Second Session.— Met Dec. 3, 

18 10. The Non-Intercourse Act was repealed as to France and 
continued as to England. This threw both England and Amer- 
ica on their mettle. But the administration was not yet done 
with its economic and peace ideas. The National Bank, char- 
tered in 1 79 1 for twenty years, was asking for a new lease of 
life. It had, as we have seen, secured the favor of a charter 
through a momentary spasm of liberal construction on the part 
of strict interpreters of the Constitution. Such a spasm was 
not now on, though it had so many Republican friends in both 
branches that the bill granting a new charter was defeated by 
only one vote in the House and by the casting vote of the Vice- 
President in the Senate. It therefore wound up its business and 
ceased to exist. The attitude of Federal and Republican on 
this question of a national bank became, in after years, that of 
Whig and Democrat on the same question. Congress adjourned 
sine die, March 3, 181 1. 

TWELFTH CONGRESS— Yxx^t Session.— Met Nov. 4, 

1 8 11. Either the administration must accept the idea of forcible 
resistance to England or go to the wall. American vessels, es- 
timated at 900, had been captured since 1803. American com- 
merce had become a thing of the past. It would not do to allow 
the idea to grow further that the Republicans were aiming a blow 
at commercial New England by persistence in their suicidal 
policy of dilly-dallying diplomacy and devouring peace. A new 
order of men came to the front. Henry Clay, Ky., was elected 



THE UNITED STATES. 323 

Speaker. John C. Calhoun, S. C, became an ambitious and able 
leader in the House, as did William H. Crawford, Ga., in the 
Senate. Fortunately none of these new leaders, fully imbued 
with the war spirit, thoroughly determined on a change from 
the economic, hesitating, and now cowardly, policy of Jefferson 
and Madison, were mistrusted by Madison. Clay had been his 
firm friend, and had come out of a two-term career in the Senate 
the better to lead on the wider plane of the House. Therefore 
their work of swinging the administration and the party from 
its peace moorings was comparatively easy. During the session, 
and against the opposition of the Federals and a Republican 
minority, bills for increasing the navy and organizing the militia 
were passed. Whatever scruples the President may still have 
had about accepting the situation and affirming this heterodox 
legislation was overcome by the intimation that his renomination 
depended on his acquiescence. He therefore fell fully in with 
the new leaders, and made his expose of the Henry documents * 
which so outraged the sentiment of New England, but which 
brought from Congress the action designed, viz., a resolution de- 
nunciatory of England for an attempt to divide a friendly nation. 

This was followed by an Embargo on American shipping for 
ninety days, which of course brought an announcement from 
the English Minister (May 30, 181 2), which was supported by 
the Parliament, that England would not change her policy 
toward neutrals. 

DECLARATION OF WAR.— A message from the Presi- 
dent, June I, 18 12, referred to a committee, brought a report 
which, as a summary of grievances, complained of the British 
orders in council, of the unfair system of blockades of the French 
ports, of the refusal to settle claims for damages, and, last but 
not least, of the searching of American ships and impressment 
of American seamen. It recommended a declaration of war. A 

* The President made this expose in a special message. The documents, he 
said, he bought of one John Henry for ^50,000. They purported to show how 
Henry had been a Canadian agent sent to influence New England Federals to join 
their cause with that of England, The British Minister denied all knowledge 
of such agent or agency. 



324 POLITICAL HISTORY OF 

war act was consequently passed and promptly signed by the 
President (June i8, 1812), who had by this time received a second 
nomination for the Presidency and who was acting in strict con- 
cert with the war wing of his party. At first the declaration of 
war was received with applause. But a reaction soon set in. 
The Federals of New England published a protest against it as 
sectional and not national, the act of a party and not of the 
country. Strictly construing the Constitution, Massachusetts 
and Connecticut refused to. permit their militia to go beyond the 
boundary of their States till an actual invasion had taken place. 
To answer them the Republicans became liberal interpreters of 
the Constitution and would obliterate State lines and forget all 
about State rights in order to present a solid national front 
to the foe. Louisiana had become a State in the Union, April 
30, 18 12. 

TARIFF OF 18 1 2. — Madison had urged in his message a re- 
vision of the Tariff The new leaders took it up. Calhoun and 
Lowndes favored Clay's new doctrine that the Protective idea 
ought not any longer to be secondary to the Revenue idea. 
South Carolina was then a high protection State, England hav- 
ing levied exorbitant duties on raw cotton. Here was a marvel- 
lous shifting of party doctrine. The Republicans became such 
liberal interpreters of the Constitution that they not only swung 
to the Protective notion, but actually used the report of Hamil- 
ton, which brought the earliest Tariff acts, in vindication of their 
position. The Federals, in their weakness, forgetfulness of party 
traditions and determination to see nothing good in the adminis- 
tration, swung clear ovef to the abandoned strict construction 
doctrine of their political enemies, and through such as Webster 
(then in the House) and others oppoSfed the Protective thought. 
Sentiment on this Tariff act ought to be carefully noted. It was 
the beginning of that division in the Republican party which 
prepared the way for " The American Idea," for " Internal Im- 
provement," and for the Whig organization, which was Clay's 
outlet from the strict construction columns. Indeed, even at 
this session a bill for internal improvement was passed under 
Clay's leadership, which Madison vetoed. The tariff act was 



THE UNITED STATES. 325 

passed July i, 1812, and it marks the highest rates of duty 
reached from the foundation of the government till 1842. Sugar 
went from 2^ cents per pound to 5 ; coffee from 5 cents per 
pound to 10; tea from 18 cents per pound to 36; pig iron from 
lyyi per cent, to 30; bar iron from ly^i per cent, to 30; glass 
from 22^ per cent, to 40; manufactures of cotton from 17% 
per cent, to 30; woollens from 17 per cent, to 30; silk from 15 
per cent, to 25. Congress adjourned July 6, 18 12. 

ELECTION' OF 1812. — We have seen the conditions upon 
which Madison was permitted to become a candidate for a second 
term. But he still had opposition. De Witt Clinton, N. Y., who 
would have been the candidate in case Madison had declined to 
wheel into the war line, refused to be bound by the bargain. The 
other Republican States had become jealous of Virginia's claim 
to be " the home of Presidents." Clinton moved on this line, 
secured the nomination of the New York Legislature and issued 
an address (" Clinton's Platform ") protesting against caucus 
nominations of Presidential candidates, the continuance of public 
men in office for long periods, the claim of particular States to 
monopolize principal offices, and " that official regency which 
prescribed tenets of political faith." His followers became 
known as Clintonian Democrats. 

Madison was nominated in May, 18 12. John Langdon was 
nominated for Vice-President, but declining on account of age, 
Elbridge Gerry, Mass., was substituted. The Federals, taking 
advantage of the schism in the Republican ranks, met in caucus 
in New York city and nominated De Witt Clinton for President, 
with Jared IngersoU, Pa., for Vice-President.* The election 
came off in November. A large majority of Republican electors 
was chosen. The Congressional elections resulted also in a 
majority of Republican members favorable to the war. 

TWELFTH CONGRESS—Second Session.— Met Nov. 2, 
1 8 12. There was a slight adjustment of parties on account of 

* Eleven States were represented in this caucus or convention. It was a bitterly 
partisan body, determined to see nothing good in any act of Madison, and as an 
evidence of its desperation, willing to support a soured Republican in order to de- 
feat thg regular Republic3.n nominee. 



326 POLITICAL HISTORY OF 

the war. Some Republicans voted with the Peace Federals, but 
they were more than offset by War Federals voting with the 
straight Republicans. There was but little opposition from any 
source to an increase of the navy, which had already won the 
right to be encouraged by proving a match for the best equipped 
ships of England. Other measures of war were carried by Re- 
publican votes. The count of the electoral vote was made in 
February, and showed 128 for Madison and 89 for Qinton. For 
Vice-President 131 for Gerry and S6 for Ingersoll. Congress 
adjourned March 3, 1813. The candidates elect were sworn into 
office, March 4, 18 12. 

VII. 

MADISON'S SECOND ADMINISTRATION. 

March 4, 181 3 — March 3, 18 17. 

James Madison, Va., President. Elbridge Gerry, Mass., Vice- 
President. 

Congresses. Sessions. 

{I, May 24, 1 8 13 — August 2, 181 3, extra session. 
2, December 6, 181 3 — April 18, 18 14. 
3, September 19, 1814 — March 3, 1815. 

p CoNPRFSS I ^' December 4, 18 15— April 30, 18 16. 

±<0URTEENTH (.oisGRESS. j ^^ December 2, 1816— March 3, 1817. 

ELECTORAL VOTE. 

Republicans. Fed. or Clinton Dem. 

, ' ., ' , 

Basis of J. Madi- Elbridge Ger- De Witt Jared Inger- 

States. 35,000. Vote. son, Va. ry, Mass. Clinton, N.Y. soil. Pa. 

Connecticut 7 9 .. .. 9 9 

Delaware 2 4 .. .. 4 4 

Georgia 6 8 8 8 

Kentucky 10 12 12 12 

Louisiana i 3 3 3 ., ,, 

Maryland 9 li 6 6 5 5 

Massachusetts 20 22 .. 2 22 20 

New Hampshire... 6 8 .. I 8 7 

New Jersey 6 8 .. .. 8 8 

New York 27 29 . . . . 29 29 

North Carolina 13 15 15 15 

Ohio 6 8 7 7 .. ..I Vacancy. 

Pennsylvania 23 25 25 25 

Rhode Island 2 4 .. .. 4 4 

South Carolina.... 9 11 11 11 ,. .. 

Tennessee 6 8 8 8 .. ,, 

Vermont 6 8 8 8 .. .. 

Virginia _£3 _25 _25 _25 _^ .. 

Totals 182 218 128 131 ^<) 86 



THE UNITED STATES. 327 

THE CABINET. 

Secretary of State James Monroe, Va Continued, 

Secretary of Treasury Albert Gallatin, Pa " 

Secretary of War John Armstrong, N. Y. . . . . " 

Secretary of Navy William Jones, Pa. " 

Attorney-General William Pinckney, Md " 

Postmaster-General Gideon Granger, Conn " 

THIRTEENTH CONGRESS— l^xtr^i Session.— Called May 
24, 1813, to provide means for the war. House organized by re- 
electing Henry Clay, Ky., Speaker. Republican majority greatly 
reduced in both House and Senate, the vote on the Speakership 
being 89 to 54, though the latter were not all Federals, but partly 
anti-war Republicans. In the Senate there was a strong faction 
of anti-administration Republicans. After meeting the object of 
its call the Congress adjourned, Aug. 2, 1813. 

WAR SENTIMENT— It was already manifest that the war 
was destined to be unpopular with the country. Do their best 
the Republicans could not keep up a furore respecting it. The 
Federal sentiment, still strong in the Eastern States, was pro- 
nouncedly against it. The Embargo, while it may not have 
been designed as such, was a cruel blow at the centres of com- 
merce. The peace faction in the Republican ranks was grow- 
ing more out-spoken. England, in order to encourage a wider 
division of sentiment between the Eastern and other States, had 
actually gone so far as to exempt them from her blockade of the 
Atlantic coast, and it was charged by the Republicans that at 
the port of New London, Conn., the departure of American ves- 
sels was secured, notwithstanding the Embargo, by means of 
blue light signals to the English blockading fleet. 

THIRTEENTH CONGRESS— Y'lrst Regular Session.— Met 
Dec. 6, 18 1 3. Financial subjects, relating to the war, were chiefly 
uppermost. But in view of alleged violations of the Embargo 
Act by New England mariners a stricter act was passed, embrac- 
ing all ships, large and small. The war was in the midst of its 
greatest activity. Congress adjourned April 18, 1 8 14. 

THIRTEENTH CONGRESS—S^cond Session.— Called as 
early as Sept. 19, 1 8 14, to consider negotiations for peace which 
had been begun in August, soon after the capture and burning 



328 POLITICAL HISTORY OF 

of Washington by the English, and when it had become appa- 
rent that the provisions to meet vigorous and protracted war 
were as inadequate as was the popular sentiment to further sus- 
tain it. England had gotten rid of her home adversary, Napo- 
leon, and was at liberty to direct her undivided attention to 
America. She had long since revoked her orders in council and 
was only insisting on her right to search American ships and 
impress her deserting seamen. The administration, in view of 
the entire situation, had therefore wisely instructed its commis- 
sioner abroad to negotiate for peace without insisting on rectifica- 
tion of the " search and impressment " grievances. But as this 
showed weakness, the English grew bold, and would not only 
have no American fleets or military posts along the Great Lakes, 
but a permanent Canadian barrier erected in the shape of an 
Indian Confederacy. 

HARTFORD CONVENTION.— Th^ administration and its 
active Republican support were in a quandary. The weakness 
of abject surrender must be confessed, or resort must be had to 
those reserved powers which strict interpreters of the Constitu- 
tion had ever denied to the government. The War Department 
favored a more imposing and effective army, by means of a 
draft and the enlistment of minors. The Navy Department pro- 
posed to impress seamen, after the English fashion. Every 
effort was made by the administration to recover lost ground, 
put on a front worthy the American name, and fight the war to 
a successful end. But it was too late in the day. The Presi- 
dent's own party could not be imbued with his suddenly assumed 
liberal construction notions. His radical war measures were 
either defeated or coldly favored. Beyond, the situation was 
appalling. England held vantage ground in Maine and along 
the northern border. New England had been almost entirely 
neglected by the government. Every war measure thus far had 
been more destructive to her industry and wealth, and more dis- 
paraging to her people, than to the overt enemy. Massachu- 
setts invited a conference (Oct., 1814) of the New England 
States " to confer on the subject of their public grievances." 
This met at Hartford in December; 18 14, and sat for three 



THE UNITED STATES. 329 

weeks. It was the historic Hartford Convention, so odious to 
Republicans, so dear to Federals. Its secret proceedings 
aroused suspicion and drew on its members and their cause a 
denunciation than which nothing could be more bitter, and a 
proscription even, which was the knell of their party importance. 
So far were the charges of treasonable design carried that, years 
afterwards, it was deemed proper to break the seal of secresy 
and publish the entire proceedings, but too late, of course, to 
remove the stigma which inflamed partisanship had fastened to 
the event.* 

WELCOME PEACE.— The treaty of Ghent had been signed 
Dec. 14, 1 8 14, and in February, 1815, the text reached the 
country. Notwithstanding the fact that it was a barren paper, 
scarcely touching on the causes of the war and securing not one 
of the objects for which it had been declared, it was received with 
universal rejoicing. The President felt that it was a happy 
escape for himself and party from dire financial straits, and the 
Federals regarded it as the lifting of a heavy load from our 
commercial industry and the end of a farcical and iniquitous 
proceeding throughout. But the latter never escaped from the 
political issues the war had raised. Their decay, as a power, 
was, thenceforth rapid. Peace eventuated in a return of pros- 
perity and plenty to the land. 

* Judged by the proceedings the convention was not only timely and orderly, but 
representative of grievances which were hardly to be borne, and which ought never 
to have existed. It was simply unfortunate in its manner of deliberation, and in the 
fact that the close of the war shut off public presentation of its protest and resolu- 
tions to the government. The resolutions opposed (i) drafts, conscriptions or im- 
pressments not authorized by the Constitution. (2) A plan whereby the respective 
States or sections might defend themselves against the enemy and pay for the same, 
the central government to reimburse them. (3) A full militia for each State, with 
power to detach a portion at the request of other States, when invaded. (4) Seven 
amendments recommended to the Constitution : (i) Representatives and direct 
taxes to be apportioned among the States in proportion to the number oi free 
persons. (2) Admission of States only on vote of two-thirds of both Houses. 
(3) No embargo beyond sixty days. (4) No interdiction of commercial intercourse 
except by two-third votes of both Houses of Congress. (5) No declaration of war 
except by vote of two-thirds of both Houses. (6) No naturalized person to be 
eligible to Congress. (7) No second term for the President, nor any President from 
the same State twice in succession. A fifth resolve provided for the reassembling 
pf the convention in case these resolutions did not bring redress, 



330 POLITICAL HISTORY OF 

Congress had easy work the balance of the session, repealing 
war legislation and reducing everything, except the navy, to a 
peace footing. It adjourned sine die, March 3, 18 15. 

POLITICAL RESULTS.— ThQ war had been a lesson to the 
Republicans. It taught them that however captivating the strict 
construction notions of their party had been, and however 
pleasant it was to indulge them as theories in time of peace, 
exigencies might arise when they would prove a source of weak- 
ness to their professors. As a consequence, they had advanced 
up to the old Federal plane, and many of them were firmly 
entrenched on it. The Federals, having no cohesive force, not 
even a reason for their name, after their mission in successfully 
establishing the government had ended, and after the acceptance 
of the fact of its existence as well as their cardinal principles, 
by the Republicans, floundered about on the negative of issues 
presented by their opponents, and at last were ready to dis- 
integrate. It might be said that so far as the old lines went, 
there was no political party after the war. The Federal name 
was hardly used or usable. The Republican name was used to 
hold together a sentiment which was widely variant from and far 
in advance of its authors. 

FOURTEENTH CONGRESS—Yirsi Session.— Met Dec. 4, 
1 81 5. The situation had enured to the benefit of the Republi- 
cans, and they had a pronounced majority in both branches. 
The House organized by re-electing Henry Clay, Speaker. 
April 27, 1 8 16, an amended tariff act was passed, which reduced 
the duties imposed by the act of 181 2. Discussion of it brought 
a distinct announcement of the idea of protecting the Ameri- 
can industries which had sprung up since the war and 
whose existence was threatened by the importation of cheaper 
English goods. But this idea failed to influence the bill favor- 
ably. 

A NEW BANK.—yididison had vetoed a bill to recharter a 
National Bank, only the year before (18 15). Clay took the 
ground that the experiences of the war showed the necessity for 
a national currency and for a national financial agency like a 
bank. Though this was again counter to the traditional strict 



THE UNITED STATES. 331 

construction views of the Republicans, and though it met the 
determined opposition of the once liberal construction Federals, 
and of a minority of the Republicans, a National Bank charter 
was authorized, April, 1816, to run for twenty years, or until 
1P36. Strange to say it was modeled on that of 1 791 which the. 
Anti-Federals had unsuccessfully opposed, and on that of 181 1, 
which the Republicans had successfully opposed, and the argu- 
ments for its support were a repetition of those framed and used 
by Hamilton, together with those supplied by the success of his 
first financial experiment. The bill was promptly signed by the 
President, and a new National Bank became a fact. The rest 
of the session was consumed in legislation on internal affairs. 
Congress adjourned April 30, 1 8 16. 

ELECTION OF 18 16. — The administration favored James 
Monroe, Va., then Secretary of State, for President. The Con- 
gressional caucus of the last session carried out its wishes, but 
against an earnest party protest, which secured fifty-four votes in 
the caucus for W. H. Crawford, Ga. to sixty-five for Monroe. 
This action did not satisfy Burr and some other extremists, who 
attempted to break the caucus nomination by denouncing the 
caucus system, opposing Virginia's attempts to dominate the 
politics of the country, and finally favoring the nomination of 
Andrew Jackson. The original nomination stood, and that of 
Daniel D. Tompkins, N. Y., was added to it as Vice-President. 
The Federals nominated Rufus King, N. Y., but divided their 
votes for Vice-President. The result in November was their 
overwhelming defeat, they carrying only Massachusetts, Con- 
necticut and Delaware. 

FOURTEENTH CONGRESS—Second Session.— Met Dec. 
2, 1 8 16. No measures of party interest came up. The Electoral 
count, in February, showed 183 votes for Monroe for President, 
and 34 for King; 183 for Tompkins for Vice-President, and 34 
scattering. Indiana was admitted as a State. Dec. ii, 1816. 
Congress adjourned sine die, March 3, 1817. The President and 
Vice-President were sworn into office March 4, 18 17. 



332 



POLITICAL HISTORY. 



VIII. 

MONROE'S FIRST ADMINISTRATION. 

March 4, 1817-March 3, 1821. 

James Monroe, Va., President. Daniel D. Tompkins, N. Y., 

Vice-Preside7it. 



Congresses. 
Fifteenth Congress. 

Sixteenth Congress. 



Sessions. 



J I, December _i, 181 7- April 20, 18 18 
{2, November i6, i8i8-March 3, 18] 

r I, December 6, 1819-May 15, 1820. 

I 2, 



November i6, i8i8-March 3, 1819, 

December 6, 1819-May 15, 1820. 
November 13, 1820-March 3, 1821. 



ELECTORAL VOTE.'' 



States. Basis of 

35,000. Vptes. 

Connecticut 7 9 

Delaware 2 4 

Georgia 6 8 

Indiana I 3 

Kentucky 10 12 

Louisiana I 3 

Maryland 9 ii 

Massachusetts 20 

New Hampshire. . . 6 

New Jersey 6 

New York 27 

North Carolina 13 

Ohio...... 6 

Pennsylvania 23 

Rhode Island 2 

South Carolina 9 

Tennessee 6 

Vermont 6 

Virginia 23 

Totals 183 221 

THE CABLNET ■ 



Republican. 



Federal. 



Daniel D. 
James Men- Tompkins, Rufus King, No nom 



roe, Va. N. Y. 



N. Y. 



22 
8 

8 

29 
15 

8 

25 
4 

II 
8 
8 

25 



8 

3 
12 

3 
8 

8 
8 

29 
15 

8 

25 
4 

II 
8 
8 

_^ 
183 



8 

3 
12 

3 
8 

's 

8 
29 
15 

8 

25 
4 

II 
8 
8 

183 



ination. 
SC 

sc 



22 



SC 



34 



Secretary of State John Quincy Adams, Mass, 

Secretary of Treasury Wm. H. Crawford, Ga Continued. 

Secretary of War George Graham, Va. 

Secretary of Navy B. W. Crowningshield, Mass. ... " 

Attorney-General Richard Rush, Pa " 

Postmaster-General R.J. Meigs, Ohio " 

THE INAUGURAL. — Monroe ushered in what was popu- 
larly known as " The era of good feeHng." The asperities of 

* There were 4 vacancies. Of the scattering votes, John E. Howard received 
32; James Ross, 5; John Marshall, 4; Robert G, Harper, 3. 




^^t /TYPe eg fftu 



llllliliiiiiiiiiiiiiiiiiHiiiiiiiiiiiiiiiiiiiHiiiiiiiiiiiiniiiiiniiiiiiiiiiiiiiiiiiiiiruiiiiiiiiiiiiiinhiiiiiiin 



PRESIDENTS FROM 1817 TO 1841. 



838 



334 POLITICAL HISTORY OF 

the war were passing away. Party differences were subsiding, 
or rather there were no longer two confronting parties, for the 
last election had settled the matter of organized Federal oppo- 
sition. That party passed away, seeing its primary glory repeated 
in the triumph of the Republicans, and many of its ruling tenets 
adopted by them as a matter of principle, or put into practice by 
them as a matter of necessity. Monroe's inaugural was so 
liberal in tone that it satisfied men, of whatever shade of political 
opinion. Like Washington, he made a tour of the Northern 
States (June, 1817), which added greatly to his popularity. To 
help '* The Era," business was meeting with a rebound, and the 
people were prosperous amid most welcome peace. 

FIFTEENTH CONGRESS— Y\x^\. Session.^Met Dec. i, 
1 8 17, with a large Republican majority. The Federals were so 
few in number, or so lukewarm in opposition, that the House 
organized by the unanimous election of Clay to the Speakership. 
Discussion of the Tariff resulted in extending the act of 18 16 
for seven years. Propositions to use the dividends of the 
National Bank, instead of appropriations, and to recognize the 
revolting colonies of Spain in South America, as Republics, 
were voted down. Mississippi entered the Union Dec. 10, 1 8 17. 
Congress adjourned April 20, 1818. 

THE RECESS. — During the summer Jackson made his 
celebrated invasion of Florida, then belonging to Spain, in order 
to punish the Indians who had retreated from Georgia. Here 
he captured and put to death the notorious Arbuthnot and Am- 
brister, whom he charged as outlaws. They happened to be 
British subjects, and this fact, united with the danger of re-open- 
ing the feuds of the late war, made the matter a delicate one to 
handle. But the most important political feature of the time 
was the shaping of sentiment in the direction of a new party. 
Monroe had followed the new school of Republican leaders, as 
Clay and Calhoun, through their advocacy of a Protective Tariff, 
but he could not follow Clay in his advocacy of internal improve- 
ment, though his first inaugural inclined to it. Clay's position 
had always been conspicuous and his leadership pronounced. 
He and Calhoun had changed the tardy and damaging peace 



THE UNITED STATES. 335 

policy of Madison to one of war, and Clay especially had stood 
head and shoulders above all others in advocating a stronger 
army and navy. During the last session he had gone still 
further, and suggested a new use for the Bank, as well as a new 
foreign policy with reference to the South American RepublicSo 
The Federals and liberal Republicans looked with favor on his 
advanced doctrines, but the old school of strict interpreters 
looked on them with alarm. These latter defeated his favorite 
measures of the last session, and thereby threw him on his own 
never failing resources. It was more than ever evident that the 
germs of a new party were pushing in the loins of the dominant 
organization. 

FIFTEENTH CONG RES S—Second Session.— Met Nov. i6, 
1 8 1 8. The matter of Jackson's conduct of the Indian (Seminole) 
war came conspicuously forward. It was proposed to censure 
him for his execution of Arbuthnot and Ambrister, but after long 
debate, the matter was postponed indefinitely by the Senate, 
though a majority against censure was obtained in the House. 
As long as Jackson lived, his opponents refused to be quieted 
about what they thought an arbitrary and high-handed pro- 
cedure. The controversy resulted in one good. The govern- 
ment, tired of the ever recurring complications with the Indians, 
Spaniards, and British adventurers in Florida, determined to buy 
the territory, authority to do so having been given by Congress 
years before (i8o6). Then came one of those unaccountable 
blunders which, supplemented in after years by the pride of 
undoing and by the fierce sectional and aggrandizing spirit of 
the time, cost the country the sacrifices of a war. In considera- 
tion of ;^5, 000,000 and the abandonment of all claims to French 
Louisiana west of the Sabine by the United States, Spain ceded 
Florida, Feb. 22, 18 19. West of the Sabine meant Texas, and 
the recovery of Texas meant the Mexican war (1846). 

MISSOURI AND SLAVERY.— llVmois became a State of 
the Union Dec. 3, 18 18. Long before this the policy of off- 
setting a free by a slave State prevailed. This at first was de- 
signed to keep up a balance of parties and to take full and legal 
advantage of the Constitutional clause which gave representa- 



336 POLITICAL HISTORY OF 

tion to three-fifths of the slave population. But it had gotten to 
mean vastly more, as sentiment divided on the rightfulness of 
slavery, and was to mean more and more as time went on. Mis- 
souri asked the Congress to admit her as a State. The one 
thing unusual about her situation was that she was beyond the 
Mississippi, whither the recognized lines of division — Mason and 
Dixon line of 36° 30', and the Ohio River — between the Slave and 
Free States did not extend. An amendment was offered to the 
bill to admit her, drawn in the language of the ordinance of 1787 
for the government of " The Territory Northwest of the Ohio 
River," prohibiting slavery or involuntary servitude in Missouri, 
except as a punishment for crime.. The amendment was so sud- 
den and unexpected that parties sat for a time with bated breath 
and never recovered their lines on the question. It became a 
test of Free States against Slave States, and the former proved 
strongest in the House, carrying the amendment. The latter 
proved strongest in the Senate, and defeated it. This was the 
injection of slavery into politics, and the beginning of its ex- 
tinction. A common, or almost. Colonial existence for it had 
been gradually narrowed to a line, south of which it had come 
to be regarded civilly as a necessary and entailed evil, industri- 
ally as a source of profit, and politically as a potential force.* 
The Congress adjourned sine die, March 3, 1 8 19. 

SIXTEENTH CONGRESS— Yirst Session.— Met Dec. 6, 
1 8 19. Clay was again elected Speaker by an almost unanimous 
vote. The advance made by his liberal construction views may 
be measured by the passage in the House of a Tariff bill. which 

* Historically, the first sectional debate over slavery arose in 1793, on the presen- 
tation of a petition to Congress from a " Philadelphia Society," appealing to it " to 
use its influence to stop the traffic in slaves." At that time members arrayed them- 
selves in debate, not according to party, but according to States, and some Southern 
debaters, of ultra turn, went so far as to protest, even to the extent of civil war, 
against interference with slavery. All saw the possibility of the. question becoming, 
at no remote date, a political if not a dangerously partisan and sectional one. The 
apprehensions of the hour were quieted by the passage of the first Fugitive Slave 
law, Feb. 12, 1793. This date is significantly coincident with the invention of 
Whitney's cotton gin, which gave to slave labor a profit never before realized, and 
cemented it into an institution to be defended at all hazard. 



THE UNITED STATES. 337 

definitely affirmed the Protective idea, but which the Senate re- 
jected. As the discussion of this bill was dispassionate, and the 
large Republican majority fairly divided on it, it is a proper 
place to get such a view of the politics of the Tariff as will ex- 
tend even to the present day. The Protective idea as projected 
into the Tariff legislation of that time was justified by those who 
favored a liberal construction of the Constitution. They found 
in the power " to regulate commerce and provide for the com- 
mon defence " a warrant not only to raise necessary revenue by 
means of a Tariff, but a right to make that Tariff a protective 
one, that is, a means of fostering domestic manufactures and 
thus creating a home market for home agricultural products. 
As a corollary to this hung, or grew, the plan of Internal Im- 
provement, which depended not more on a liberal construction 
of the Constitution, but which was thought by its opponents to 
belong to the States. On the contrary, those who clung to a 
rigid construction of the Constitution granted the right of the 
government to provide for its expenses and pay its debts by 
means of money raised by a Tariff on imports, but they regarded 
a Tariff, so arranged as to protect American manufactures against 
foreign competition, as a usurpation of the powers conferred, or 
intended to be conferred, by the Constitution.* 

MISSOURI COMPROMISE.— W^m^ applied for admission 
into the Union. She was populous, ready, and anxious to es- 
cape her Massachusetts allegiance. But the Free States would 
then preponderate in the Senate. Missouri again asked for 
leave to form a State government. Maine was voted in by the 
House. Missouri was granted permission, but with the amend- 
ment of the last session, prohibiting slavery, the vote being en- 
tirely sectional. The Senate threw the responsibility back on 
the House by combining the bills, as originally presented (the 

* The terms "Free Trade," " Tariff for Revenue" and " Tariff for Revenue 
only" vi^ere not then as common as now. Then the question of Tariff, in the af- 
firmative, was a question of Constitutional construction and a national policy ; in 
the negative, a question of Constitutional construction and a State policy. Now, 
so generally do the liberal construction views prevail, the question is no longer one 
of right or v.rong construction of the Constitution, but one of policy entirely, a 
policy, however, which still divides sentiment and supports parties. 
22 



338 POLITICAL HISTORY. 

Missouri bill with slavery), and passing them. This action the 
House rejected. Clay, ever full of expedients, came forward 
with his compromise — the historic " Missouri Compromise of 
1820." It brought about the admission of Maine, March 15, 
1820, and gave leave to Missouri to form a State government 
with slavery. It also prohibited slavery in all territory of the 
United States north of 36° 30', in other words, it extended the 
already familiar Mason and Dixon line through to the Pacific,* 
or at least as far as the western boundary of Missouri. Con- 
gress adjourned May 15, 1820. 

ELECTION OF 1820. — This election passed off without 
nominations by either party. The electors chosen cast their 
votes by common consent for Monroe and Tompkins, one how- 
ever voting for John Q. Adams. 

SIXTEENTH CONG RES S—Second Session.— Met Nov. 13, 
1820. Clay's resignation of the Speakership gave opportunity 
for a square test of strength between the liberal and strict schools 
of Republicans. A warm fight for his successor resulted in the 
choice of John W. Taylor, N. Y., who was equally advanced with 
Clay in the matter of Protective Tariff and Internal Improvement, 
and who was opposed, far more earnestly than Clay, to the 
extension of slavery in the Territories.f The heat of this con- 
test was transferred to Missouri's claim for admission as a State, 
she having now prepared a State government, with a clause in 
the Constitution prohibiting free negroes from entering her 
bounds. As a free negro was a citizen in some of the Northern 

* Clay's compromise barely got through the Congress. In the Senate it was car- 
ried by Senators from the Southern and Slave States, against fifteen Senators from 
the Free States. In the House it was carried by a vote of 86 to 82, thirty-five of 
the latter being from Slave States and its bitterest opponents. Randolph denounced 
it as a " dirty bargain," and called those •' Northern men with Southern principles" 
who were ashamed of them or afraid to stand up for them " doughfaces," a term 
which was in convenient and sarcastic use for forty years. The compromise bill 
was then regarded by its opponents as unconstitutional. The seeds of repeal were 
in its passage. 

f So offensive was this election to the extreme Southern members, or rather so 
significant was it of the growth of liberal construction ideas in the Republican 
ranks, that they chose to see in it a menace to the institution of slavery, and actually 
debated a proposition to secede from the Union. 




HENRY CLAY ADDRESSING THE U. S. SENATE. 

339 



340 POLITICAL HISTORY OF 

States, this was regarded, in its unqualified form, as unconstitu- 
tionally and offensively restrictive. Debate over the matter took 
all the latitude incident to discussion of the slave question and 
involved all its bitterness. Not until Clay again came forward 
with measures of peace did the contention subside. His propo- 
sition admitted the State, provided the Constitution were so 
amended as to recognize all the citizens of other States. Her 
Legislature did this in June, 182 1, and she became a State Aug. 
10, 1821. 

The electoral vote was counted in February, and the status of 
Missouri came up. Denying the right of Congress to interfere 
with slavery within her borders, the Southern members claimed 
that she was already a State, and so determined to count her 
electoral vote. The Northern members, claiming authority of 
Congress over all Territories for any purpose, until fully qualified 
to enter as States, determined that her electoral vote should not 
be counted. After an angry discussion, another compromise was 
effected, which counted the vote with an '* if" " If" her vote 
were counted, James Monroe would have 234, out of 235, and 
John Adams i, for President, and Daniel D. Tompkins would 
have 221 for Vice-President, with 13 scattering. " If/' on the 
contrary, her vote were not counted there would be a total of 
only 232, and the Monroe and Tompkins vote would be reduced 
to 231 and 218, respectively. Congress adjourned sine die, 
March 3d, 1821. The candidates-elect were sworn into office 
March 5, 1821, the 4th falling on Sunday. 

IX. 

MONROE'S SECOND ADMINISTRATION. 

March 5, 1821 — March 3, 1825. 

James Monroe, Va., President. Daniel D. Tompkins, N. Y., 

Vice-Pi'esident. 

Congresses. Sessions. 

Seventeenth Congress. [ ^' December 3, i|2i-May 8, 1822 

( 2, December 2, 1822 — March 3, 1023. 

Eighteenth Congress / ^' ^^ecember i, 1823— May 27, 1824. 
ii^iGHTEENTH CONGRESS. | ^^ December 6, 1824— March 3, 1825. 



THE UNITED STATES. 



341 



ELECTORAL VOTE.'' 



Republican. 





James Mon- 


Daniel D. Tomp- 


Vote 


roe, Va. 


kins, N. Y. No opposition 


3 


3 


3 


9 


9 


9 


4 


4 


Sc. 


8 


8 


8 


3 


3 


3 


3 


3 


3 


12 


12 


12 


3 


3 


3 


9 


9 


9 


II 


II 


10 


15 


15 


7 


3 


3 


3 


3 




. . Disputed. 


8 


7 


7 I for J. Q. Adams 


8 


8 


8 


29 


29 


29 


15 


15 


15 


8 


8 


8 


25 


25 


^S 


4 


4 


4 


II 


II 


II 


8 


8 


8 


8 


•8 


8 


25 


25 


25 


235 


231 


218 



Basis of 
States. 35,oco. 

Alabama I 

Connecticut 7 

Delaware 2 

Georgia 6 

Illinois I 

Indiana I 

Kentucky lo 

Louisiana I 

Maine 7 

Maryland 9 

Massachusetts 13 

Mississippi I 

Missouri I 

New Hampshire. ... 6 

New Jersey 6 

New York 27 

North Carolina 13 

Ohio : . . . ; 6 

Pennsylvania 23 

Rhode Island 2 

South Carolina 9 

Tennessee 6 

Vermont 6 

Virginia 23 

Totals 187 

THE CABINET 

Secretary of State John Quincy Adams, Mass Continued. 

Secretary of Treasury W. H. Crawford, Ga.. . , 

Secretary of War John C. Calhoun, S. C. . 

Secretary of Navy Smith Thompson, N. Y, 

Attorney-General Richard Rush, Pa 

Postmaster-General R- J- Meigs, Ohio , 

SEVENTEENTH CONGRESS— Y\x->'i Session.— Met Dec. 
3, 1 82 1. The organization was effected by electing P. P. Bar- 
bour, Va., Speaker. The fanciful "era of good feeling" held, so 
far as opposition to the Republicans went, but they were now a 
divided and inharmonious party. The fight over the speaker- 
ship showed that the strict or old school elements were willing 
to die in their trenches rather than suffer themselves to be car- 
ried further by the liberal or new school element. The former 
won the Speaker, but the latter passed a bill to care for the 
National (Cumberland) Road. At this juncture Monroe broke 

* Of the scattering 8 were cast for Richard Stockton ; 4 for Daniel Rodney; I 
for Robert G. Harper; i for Richard Rush. There were three vacancies. 



342 POLITICAL HISTORY OF 

with the liberals, took a decided step backwards and vetoed the 
bill. His veto message discussed the constitutional side of the 
question very elaborately, and concluded with the announcement 
that no power was conferred on Congress to pass laws for in- 
ternal improvements of this kind. The President reached the 
above conclusion only after long hesitation, for his messages 
heretofore rather favored the position of the liberals, a strong 
element in his Cabinet still favored it, and he even advised, in 
his veto, an amendment to the Constitution conferring directly 
the powers on Congress which the liberal interpreters claimed 
it was endowed with by implication. However, his position, 
now that it was definitely ascertained, fortified that of the strict 
school, and they summarily disposed of bills involving the same 
principle looking to an internal canal system and a Tariff with 
stronger protective features. 

Nor was the country in a happy mood. Great financial dis- 
tress prevailed. The government was forced to retrench, and 
even to borrow. The division in the Republican ranks was 
gradually forcing its way down among the masses, and as is 
common in such cases, its party feeling was keener than between 
old opponents. The Congress adjourned, May 8, 1822. 

SEVENTEENTH CONGRESS — ^^q,o^A Session. — Met 
Dec. 2, 1822. Again the liberals forced their Internal Improve- 
ment and Protective Tariff ideas to the front to meet with defeat 
at the hands of the rigid interpreters. All however united to 
help the administration along in its now difficult work of keep- 
ing financially afloat. An adjournment sine die took place, March 
3, 1823. 

EIGHTEENTH CONGRESS— First Session.— Met Dec. i, 
1823, and organized by electing Henry Clay Speaker. This 
election was significant. It showed that the country had swung 
to the liberal side of the Republican party. It meant that there- 
after that side would push its measures with greater vigor and 
under better auspices. 

MONROE DOCTRINE.— It will be remembered that Clay 
in the Fifteenth Congress had proposed as a Foreign Policy the 
recognition of the South American Republics, then in a state of 



THE UNITED STATES. 343 

revolt from Spain. The President in his message to the present 
Congress dwelt largely on this question of recognition, and 
formulated what has ever since been accepted as " the Monroe 
Doctrine." It announced the principle of (i) " No interference in 
wars of European powers in matters relating to themselves." (2) 
Defense of our own political system against any attempt of foreign 
powers to establish theirs in any part of this hemisphere. (3) 
No interference with existing foreign colonies. (4) Interference 
by foreign powers with colonial dependencies that have declared 
and maintained their independence, and been recognized by this 
government, to be regarded as an unfriendly disposition toward 
the United States. (5) " It is the true policy of the government 
to leave the parties (Spain and the revolting Republics) to them- 
selves, in the hope that other powers will do the same," this, 
since "Spain cannot subdue them," and since, if left alone, they 
would never voluntarily adopt a foreign political system. 

TARIFF OF 1824. — In the same message Monroe inclined 
to the popular side on matters of Protection and Internal Im- 
provement. He was a good President in that he was observant 
of situations and respected majority wishes. Two months were 
consumed in heated debate on this measure, which, while the 
rates on leading articles were not as high as under the act of 
1 81 2, involved more directly the principle of protection to 
American manufactures, by preventing the competition of the 
cheaper manufactures of Europe, than any preceding act. Lines 
were drawn closely between the liberal and strict schools of 
interpreters of the Constitution, and, strange to say, these lines 
now showed quite a solid array of Southern States * against as 
solid an array of Northern States. The former supplemented 
their old argument against the Constitutionality of the Protective 
idea, by the new ones that it was unjust to them, and, moreover, 
sectional in spirit. Thus early they projected into the conten- 
tion the thought that legislative protection to manufacturing in- 
dustry was legislative hardship to planting industry, and that en- 
couragement of free paid labor was discouragement of slave 
unpaid labor. The bill passed by a close vote, a few of its 

* Clay's own State, Kentucky, was for the bill, 



344 POLITICAL HISTORY. 

ablest opponents, as Webster, coming from the New England 
States. These, however, chiefly contested the propriety of 
high protective duties and not the Constitutional right to impose 
them, denying that the distress of the country was as great as 
described by the friends of the bill, and doubting if any legisla- 
tion could be made to stimulate industry and manufacturing 
enterprise. The bill was approved by the President and 
thoroughly engrafted " The American System " in our national 
politics. The duties on leading articles were : Sugar, 3 cents 
per pound; coffee, 5 cents per pound; tea, 25 cents per pound; 
salt (bulk), 20 cents per pound ; pig iron, 20 per cent. ; bar iron, 
$'^0 per ton; manufactures of glass, 30 per cent, and 3 cents per 
pound ; manufactures of cotton, 25 per cent. ; manufactures of 
woollens, 30 per cent. ; silk, 25 per cent. It was followed by 
another bill involving the same liberal views, which provided for 
surveys of routes upon which to base a system of national 
canals. Congress adjourned. May 27, 1824. 

ELECTION OF 1824. — In the last Presidential election the 
Republican party had no opposition, but it had a head. Now 
it furnished its own opposition, being without a head. The 
contest began during the session of the previous Congress by 
bids for popular favor, expediency measures and votes, and out- 
lines for a future which would be less gloomy than the then 
present. 

An attempt to revive the obsolete Congressional caucus 
nominations, in the interest, of Wm. H. Crawford, Ga., failed. 
A Constitutional amendment had been mooted to choose electors 
by popular vote. The campaign became historic as " the scrub 
race for the Presidency." The liberal school of Republicans sup- 
ported Henry Clay, Ky., and John Quincy Adams. The strict 
school supported Wm. H. Crawford, Ga., and Andrew Jackson, 
Tenn. John C. Calhoun, S. C, had a general support for the 
Vice-Presidency and was elected. None of the candidates for 
the Presidency received a majority of " the whole number " of 
electoral votes, though Jackson had the most. The election 
therefore went into the House ot Representatives. 

EIGHTEENTH CONGRESS—Second Session.— Met Dec. 





345 



346 POLITICAL HISTORY OF 

6, 1824. This session saw the disruption of the Republican 
party, and the dawn of the Whig party. Its only poHtical work 
was the counting of the electoral vote and the subsequent 
election of a President. The count showed 99 for Jackson; 84 
for John Quincy Adams ; 41 for Wm. H. Crawford ; 37 for Henry 
Clay. For Vice-President, Calhoun had 182 votes, as against 78 
scattering. He was, therefore, declared Vice-President. In the 
contest over the Presidency in the House, Clay, who was out of 
the fight,* threw his strength, or as much of it as he could con- 
trol, to Adams, which gave him 1 3 States,, as against 7 for Jack- 
son and 4 for Crawford. Though the election of Adams was 
perfectly regular and constitutional, it forced the liberal and 
strict schools of interpreters wide apart, and the latter, carrying 
their fight to the country in the shape of a rebuke to those Rep- 
resentatives who had slaughtered Jackson, soon had the vantage 
ground. Congress adjourned sine die, March 3, 1825. The 
President and Vice-President elect were sworn into office, March 
4, 1825. 

X. 

JOHN Q. ADAMS' ADMINISTRATION. 

March 4, 1825 — March 3, 1829. 

John Quincy Adams, Mass., President. John C. Calhoun, 

S. C, Vice-President 

Congresses. Sessions. 

Nineteenth Congress. \ '' December 5, 1825-May 22, 1826. 

\ 2, December 4, i826-Marcn 3, 1827. 

Twentieth Congress. | '' December 3, j827-May 26 1828. 

(2, December i, 1828-March 3, 1829. 

* In such contests the three candidates having the highest number of votes are 
the only candidates before the House, and in voting each State shall have only one 
vote. Twelfth Amendment to Constitution. 



THE UNITED STATES. 



347 



ELECTORAL VOTE* 



Basis of 
40,000. 

3 



Votes. 



States, 
Alabama . . . 

Connecticut 6 

Delaware I 

Georgia 7 

Illinois... I 

Indiana 3 

Kentucky 1 2 

Louisiana 3 

Maine 7 

Maryland 9 

Massachusetts .... 13 

Mississippi I 

Missouri I 

New Hampshire . . 6 

New Jersey 6 

New York 34 

North Carolina.. ..13 

Ohio 14 

Pennsylvania 26 

Rhode Island. ... 2 
South Carolina. ... 9 

Tennessee 9 

Vermont 5 

Virginia 22 24 

Totals 21J 261 

THE CABINET, 



5 
8 

3 
9 
3 
5 

14 
S 
9 

II 

IS 

3 
3 
8 
8 
36 

15 
16 
28 

4 
II 
II 

7 



A. Jack- 
son, 
Tenn. 



8 
I 
5 

28 

I 
I 



Republicans. 



President. 



J.Q.Ad- 
ams, 
Mass. 

8 
I 



2 
9 
3 

• * 

8 

• • 

26 



W.H. 

Crawford, 

Ga. 



H. Clay, 
Ky, 



99 



7 

"84 



41 



14 



16 



Vice-President. 
J. C. N. San- 
Calhoun, ford, 
S. C. N. Y. 



SO. 
SO. 
SO. 



3 
5 
7 
5 
9 
10 

15 
3 

7 

8 

29 

15 

28 

3 
II 
II 

7 



37 182 



so. 
7 



sc. 

sc. 
sc. 

7 
16 



sc. 



Secretary of State Henry Clay, Ky. 

Secretary of Treasury. ..Richard Rush, Pa. 

Secretary of War James Barbour, Va, 

Secretary of Navy S. L. Southard, N. J Continued. 

Attorney-General William Wirt, Va " 

Postmaster-General John McLean, Ohio " 

NATIONAL REPUBLICAN PARTY.— This party, fore- 
shadowed for some time, was now ready for a name. The divi- 
sion in the Republican ranks, encouraged by the free play of 



■* There was one vacancy. The scattering votes were, N. Macon, 24 ; A. Jackson, 
13 ; Martin Van Buren, 9 ; Henry Clay, 2. At this election the popular vote began to 
be considered, for a great many States had abandoned the plan of choosing electors 
by their Legislatures, and a majority of them were about to do so. South Carolina 
adhered to the plan till 1868. The popular vote at this election was Andrew 
Jackson, 155,872, lo States; John Q. Adams, 105,321, 8 States; Wm. H. Craw- 
ford, 44,282, 3 States ; Henry Clay, 46,587, 3 States. Contest finally decided in 
the House. See p. 497. 



348 POLITICAL HISTORY OF 

sentiment during " The era of good feeling," and facilitated by 

the efforts of leaders of both schools of construction to impart 
their personalism to a following, now became a permanent 
breach. Adams entered on his administration with the Crawford 
supporters, who were the straightest sect of rigid interpreters, 
against him. His success had also set the Jackson following 
against him. They differed from the Crawford supporters only 
in the respect that they went with Jackson in his Federal and 
Protective Tariff ideas. But they could now unite forces and 
stand squarely against the administration. Clay's strength, 
which had gone to Adams' support in the House and helped to 
elect him President, naturally favored the administration. But 
Adams had made Clay his Secretary of State, a position then 
much courted as inviting to the Presidency. This gave the now 
united and embittered opposition a chance to charge collusion 
between Adams and Clay. Crimination and recrimination fol- 
lowed. Both sides became more compact and determined. 
Besides the sharp personalities involved, the President, in his 
inaugural and in his first message to Congress, had mapped a 
set of principles which, as to Protection, Internal Improvement, 
and liberality of Constitutional Construction in general, would 
answer as a bond of agreement for his own followers and those 
of Clay. Thus solidified, they set out as National Republicans 
(though known in the campaign o'f 1828 as Adams' men), a 
name excellently chosen, for as Republicans, yet as liberal or 
national interpreters of the Constitution, the title was accurate 
and full of meaning. But by a fatality not unusual with party 
titles, the name did not stick for many years, being pushed aside 
to make room for the meaningless title of Whig. 

DEMOCRATIC PARTY.— T\\^ Crawford and Jackson fol- 
lowing were united only in their opposition to Adams' adminis- 
tration and to the new National Republican party. Crawford 
was sick and could not look out for his own Presidential chances. 
Jackson forced the situation, got a nomination three years in 
advance (October, 1825) from the Legislature of Tennessee, and 
thus became a centre about which all opposition to the adminis- 
tration could cluster. While Jackson's personalism was neces- 



THE UNITED STATES. 349 

sary to attract the Crawford support and cement the alliance, 
his followers were (in the campaign of 1828) "Jackson men." 
Thus, claiming to adhere more closely to the old Republican 
traditions than either Adams or Clay, they were more unmindful 
of the old Republican name, having dropped it altogether. But 
when it became necessary to get away from Jackson's personalism 
and give the party a national status, the name Democrat * was 
popularly and officially assumed. It was an easy transition to 
this title. Men like Calhoun and others, who never liked the 
name Republican, had all along preferred to be designated as 
Democrats. It was, therefore, not new ; had been, in fact, a part 
of the Republican title, and was a titular revival, rather than in- 
vention. Thus went out of existence the distinctive Republican 
party and Republican name, though the Democrats claimed to 
perpetuate its principles, in a rigid construction of the Constitu- 
tion. Yet even in this they too were, for a time at least, divided, 
for the extreme Southern, or State rights wing, sometimes called 
the Crawford faction, held to the doctrine of the Kentucky reso- 
lutions of 1799, which, we have seen, squarely broached the right 
to nullify objectionable Federal laws. A test of their doctrine 
was soon to be made under the lead of Calhoun. 

NINETEENTH CONGRESS— Y\r^\. Session.— Met Dec. 5, 
1825, with a bare majority of liberal Republicans, who organized 
by electing John W. Taylor, N. Y,, Speaker. The Senate had a 
majority of administration members, but Calhoun so arranged 
the committees as to enable the opposition to obstruct, or defeat 
nearly every political measure known to be favored by the Pres- 
ident. This led the majority on the floor to retaliate by taking 
the power of appointing committees away from the presiding 
officer, temporarily. The opposition was so strong and defiant 

■^ The present Democratic party began to take its name in 1831, and became fully 
recognized in 1832-33. I have before me papers of both the National Republican 
and Jackson parties in 183 1. One called the " Republican " had the ticket headed 
"Democrat-Republican candidate for President in 1832, Andrew Jackson." On 
the other side in 183 1, the papers were headed, " National Republican candidate 
for President in 1832, Henry Clay." I was myself the secretary of a National 
Republican club in 1832, and have the mmutes now before me." — Reminiscences 
0/ an old Whig. 



350 POLITICAL HISTORY OF 

that no measures of moment passed the Congress, except those 
relating to appropriations. But a great many important bills 
were debated, among which was one to amend the Constitution, 
so as to permit the people to vote directly for the President ; a 
*' Tenure of Office Bill," compelling the President to lay before 
the Senate his reasons for making removals from office ; another 
to so amend the Constitution as to prevent any member of the 
Congress from accepting a Federal office during his term ; and 
lastly a bill which proposed a Congress of American States to 
agree on a plan to prevent future European colonies and armed 
influence in the country. This last became notable, as drawing 
from the President, who had been a member of Monroe's cabinet, 
a reiteration of " The Monroe Doctrine," and a limitation of it, 
as Monroe's own idea, to our own border. His idea also being, 
that interference with nations on our own continent or hemis- 
phere, even to protect them, would be unjustifiable, except under 
the provisions designed to be agreed upon by some such tribunal 
as the proposed Congress of American States. Congress ad- 
journed May 22, 1826. 

NINETEENTH CONGRESS—Second Session.— Met Dec. 
4, 1826. The two parties — National Republican and Demo- 
cratic — still squarely faced each other, both nearly equally 
strong, both voting down the measures of the other, among 
which was one to increase the Tariff, and another which de- 
serves attention as the first effort to divide a part of the national 
revenue among the States.* Congress adjourned sine die, March 
3, 1827. 

TWENTIETH CONGRESS— Y'lxs^'i Session.— Met Dec. 3, 
1827. Organized by electing Andrew Stevenson, Va., a Demo- 
crat, Speaker. This was a curiously constituted Congress. It 
was Democratic. What may be called the Adams and Jackson 
issues — they were scarcely Administration and Anti-Administra- 
tion, nor yet National Republican (or Whig) and Democratic — 

* This was afterwards done during Jackson's administration. The same question 
of a division of the surplus revenue among the States is now attracting wide atten- 
tion. The policy of doing it was announced in the Pennsylvania Republican 
platform of 1882. 



THE UNITED STATES. 35I 

had been carried to the country. The Democrats carried ever)' 
Southern State except Louisiana. They were no less fortunate, 
owing to Jackson's Protective Tariff record, in New York, Penn- 
sylvania * and Illinois. Thus while they secured a majority in 
the Congress, it was united only for general party purposes. On 
the matter of a Protective Tariff it was divided, and enough 
Democrats from Northern States supported the National Re- 
publicans to bring about the celebrated Tariff Act of May 19, 
1828. 

TARIFF OF 1828. — This act had nothing peculiar about it, 
except that it increased the duty on manufactures of wool, and 
some other manufactures, to what was deemed a protective ex- 
tent. But its importance was due to the fact (l) that it was de- 
signed to emphasize the ''American system," and influence the 
approaching Presidential election. (2) To the fact that it was a 
turning-point of the hitherto hostile New England sentiment, 
Webster having changed ground and entered upon its advocacy. 
(3) To the fact that opposition to it was more than ev^er sec- 
tional, the South regarding it as robbery of the many for the 
benefit of the few, as a blow at the planting interests, as a dis- 
crimination against unpaid labor, and as unconstitutional. (4) 
To the fact that it became the basis of that partisan hostility 
which rapidly culminated in nullification. 

The session was prolific of party debates, but barren of results, 
other than those indirect ones which were designed to work to 
the benefit or detriment of prospective candidates for the Presi- 
dency. Congress adjourned. May 26, 1828. 

ELECTION OF 1828. — The common consent candidates of 
the respective parties were Adams and Jackson. No others were 
possible, for really these had had the field for four years. The 
great point with Adams, or the National Republicans, was to so 
emphasize the Protective Tariff and Internal Improvement ideas 
of the administration as to take away from Jackson whatever 
strength his Tariff record gave him. With Jackson the contest 

* A Convention of Protectionists, of national import, had been held at Harrisburg, 
Pa., in July, 1827, which took the ground that the country needed greater protectioB 
than the act of 1824 gave. 



352 POLITICAL HISTORY. 

was altogether different. He considered himself aggrieved by 
the result of the previous election, and his campaign was con- 
ducted — in the Democratic name — so as to vindicate the prin- 
ciple of choice by the popular vote, in other words the Demo- 
cratic principle. A misfortune of the situation was that the 
entire candidacy was sectional, for John C. Calhoun, S. C, was 
running as Vice-President with Andrew Jackson, Tenn., and 
Richard Rush, Pa., as Vice-President with John Quincy Adams, 
Mass. The result would reach further than simple party differ- 
ences warranted. At the election in November the Democrats 
triumphed. 

TWENTIETH CONGRESS— Second Session.— Met Dec. 
I, 1828, with its former Democratic majority in both Houses, 
the doubtful members in the Senate having swung to the Anti- 
Administration side, or, which is the same, to the side of the in- 
coming administration. No measures were mooted likely to 
hamper the new administration, though one, accepting the lib- 
eral theory of Internal Improvement, and making large appro- 
priation therefor, went through, after provoking the then stereo- 
typed debates as to its constitutionality. The electoral count in 
P'ebruary showed 178 votes for Jackson and 83 for Adams, for 
President, and 171 for Calhoun, and 83 for Rush, for Vice-Presi- 
dent. Congress adjourned sine die, March 3, 1829. The candi- 
dates elect were sworn into office March 4, 1829. 

XI. 
JACKSON'S FIRST ADMINISTRATION. 

March 4, 1829 — March 3, 1833. 

Andrew Jackson, Tenn., President. John C. Calhoun, S. C, 

Vice-President. 

Congresses. Sessions. 

Twenty fir^^t Congress / '' December 7, 1829-May 31, 1830. 
IWENTY-FIRST CONGRESS. | ^^ December 6, 1830-March 3, 1831. 

TWENTY-SECOND CONGRESS. { ^^ ^^^^^^^^ ^, ^^^I^-^l^^^^^^^ 




ANDREW JACKSON. 



*?3 



S53 



354 



POLITICAL HISTORY OF 



ELECTORAL VOTE.'' 



Democrat. 



National Republican. 



Basis of 
States. 40,000, 

Alabama 3 

Connecticut 6 

Delaware i 

Georgia 7 

Illinois I 

Indiana 3 

Kentucky 12 

Louisiana 3 

Maine 7 

Maryland 9 

Massachusetts .... 13 

Mississippi i 

Missouri i 

New Hampshire. . 6 
New Jersey. ..... 6 

New York 34 

North Carolina. ., . 13 

Ohio 14 

Pennsylvania 26 

Rhode Island. ... 2 
South Carolina. ... 9 

Tennessee 9 

Vermont 5 

Virginia 22 

Totals 213 

CABINET. 



And. Jack- J. C. Cal- J. Q. Adams, R. Rush, 
Votes, son, Tenn. houn, S. C. Mass. Pa. 

5 5 5 •• -• 

8 .. .. 8 8 

3 •• •• 3 3 
992.. 

Z Z Z ^' 

555.. 

14 14 14 

555.. 

9 I I S 8 

II 5 5 6 6 

15 .. .. IS IS 

333.... 

Z Z Z ^' " 

8 .. .. 8 8 

8 .. .. 8 8 

36 20 20 16 16 

15 15 15 

16 16 16 .. 
28 28 28 . . • . 

4 .. .. 4 4 
II II II 
II II II 

7 ... 7 7 

24 24 24 

261 T78 T71 Z-^ 83 



. 7 for S. C. Smith. 



Secretary of State Martin Van Buren, N. Y". 

Secretary of Treasury Samuel D. Ingham, Pa. 

Secretary of War John H. Eaton, Tenn. 

Secretary of Navy John Branch, N. C. 

Attorney- General John M. Berrien, Ga. 

Postmaster-General Wm. T. Barry, Ky. 

NEW ADMINISTRATION— This first Democratic admin- 
istration opened amid storm and invited storm. It had to 
confront the fact that the extreme Democrats of the South (the 
Crawford following) were not heartily with it, but that their 
drift was toward Vice-President Calhoun, as their leader, who 
was now among the most rigid masters in the school of strict 
interpreters and a pronounced champion of the Kentucky reso- 
lutions of 1799. Indeed, both Georgia and South Carolina had 
already assumed, through their Legislatures, to notify the Presi- 
dent and the country that they declared null and void any act 



* Popular vote — Jackson, 647,231 ; States, 15 ; Adams, 509,097; States, 9. 



THE UNITED STATES. 355 

of Congress (the really objectionable act was the tariff of 1828) 
which they as States adjudged unconstitutional. 

In his first message, Jackson took high ground against a re- 
charter of the National Bank, though the charter of 18 16 did 
not expire till 1836, regarded its usefulness as in every way 
past, argued that it was Anti-Democratic and despotic, and held 
the law authorizing it unconstitutional. He also swung quite to 
the side of those who opposed Protection and Internal Improve- 
ment. This alienated from him very many Democrats who were 
of sufficiently liberal turn to favor all these measures. How- 
ever, this did not last very long, for circumstances soon com- 
pelled him to change front on Tariff and Internal Improvement 
measures, and to at least see that all such as had assumed the 
shape of law were duly enforced. His hostility to the bank, 
however, continued. He gave his opposition a decidedly politi- 
cal turn. Its destruction was the result. 

Nor was the foreign outlook assuring. France was urging a 
settlement of her spoliation claims, even to the extent of threat- 
ening war, and England was clamorous and angry about the 
Maine boundary. To cap all, a new party, known as the Anti- 
Masonic, had risen in New York, which became a bidder for 
national distinction, and which, in its fervor, threatened to de- 
moralize existing political forces.* Amid all these complica- 
tions and antagonisms a President of ordinary nerve Would have 
failed. But it seemed to be the kind of political atmosphere 
which Jackson liked to breathe. He was fortunate in the 
respect that there could be no hearty and effective combination 
of opposing elements, and equally fortunate in the sympathy 
which naturally goes out toward one who is singly enlisted 
against overwhelming odds. His personalism infected his entire 
administration, and this, in his case, was not a misfortune, for 

* This organization, short-lived as it was, was peculiarly galling to such leaders 
as Clay and Jackson, who were both Masons. The furore which originated it came 
from the sudden, and as yet unaccounted for, disappearance of one Daniel Morgan, 
of Batavia, N. Y., who had written a book exposing the secrets of Free Masonry, 
in 1826. In 1832 it nominated a Presidential ticket, and then fell into rapid 
decline. 



356 POLITICAL HISTORY OF 

he had been a military hero, was of undeniably honest, but blunt 
intention, and was quite on a level with the masses in brusque 
demeanor and every-day speech. 

VICTOR AND SPOILS.— 1:\\^ clouded and uncertain sur- 
roundings of the new administration were its justification for a 
general clearing out of all officials not in sympathy with it. 
This became the new doctrine of " Rotation in Office," or as it 
found popular expression from the lips of Senator Marcy, N. Y., 
the doctrine that "The spoils of the enemy belonged to the 
victor." * We have seen that Jefferson had given the hint for 
this doctrine, but that after applying it for the correction of 
certain errors on the part of his predecessor, had fallen back on 
the custom, which prevailed from the beginning till Jackson's 
time, of trusting to time to make vacancies and to the future 
supremacy of his party to fill them. Whether Jackson's excuse 
of self-defense were justified or not, his practice was accepted 
by all future parties, and prevailed without question, till called to 
account by Civil Service Reform. 

TWENTY-FIRST CONGRESS— Yix?.^ Session.—Met Dec. 
7, 1829, and organized by re-electing Andrew Stevenson, 
Va., Speaker, the Democrats being in a majority in both 
branches. Now the alienations already indicated began. 
The message, taking its high ground against the National 
Bank, which was allied with Protection and Internal Improve- 
ment, and proposing various things, among them a distribu- 
tion of the surplus revenue to the States,t which were either 
new or upon which an agreement was impossible, they were 

* " Another doctrine of Jackson was that he was ' responsible for the entire action 
of the Executive Department,' and, therefore, had the power to remove and appoint 
all officers at pleasure — a doctrine which, at a later day, during'the administration 
of Andrew Johnson, Congress was compelled to legislate against. ' Responsible?' 
said Mr. Webster, replying to Jackson's protest. ' What does he mean by being 
responsible ? ' Does he mean legal responsibility ? Certainly not — no such thing. 
Legal responsibility signifies liability to punishment for misconduct or maladminis- 
tration. A Briareus sits in the centre of our system, and with his hundred hands 
touches everything, moves everything, controls everything. I ask, sir, is this Re- 
publicanism? is this a government of laws? is this legal responsibility? " — Remin 
iscences of an old Whig. 

\ This afterwards came about. See p. 369 ; also p. 350 and note. 



THE UNITED STATES. 357 

summarily dealt with by the committees to which they were 
respectively referred. Party lines were strictly drawn over the 
question of removing the Cherokee Indians of Georgia to the 
west of the Mississippi, the Legislature of that State having 
enacted to open their lands to settlers, contrary to existing 
treaties with the tribe. The National Republicans opposed the 
bill for removal. Though it passed, it was ineffective, the 
Indians refusing to part with their lands.* Several enactments 
looking to Internal Improvements were passed, some of which 
the President vetoed directly. Others he retained for the legal 
ten days, and Congress having in the meantime adjourned they 
thus failed to become law. This convenient way of vetoing 
a bill by indirection was frequently practised by the President, 
and got to be known as the " Pocket Veto" method. 

The most notable event of the session was the introduction 
into the Senate, by Foot, Conn., of an apparently harmless 
resolution of inquiry into the matter of public lands, coupled 
with a proposition to stop surveys and limit sales. As the ef- 
fect of the proposition would have been to check migration and 
western settlement, it was opposed by western members, and 
gave rise to a five-month debate. This took the widest latitude. 
The imputation by Southern members that it had always been a 
New England policy to check western settlement, drew from 
Webster a reference to the ordinance of 1787 for the govern- 
ment of the territory northwest of the Ohio. As this ordinance 
prohibited slavery, the slave question came up, and was discussed 
in all its bearings, the debates being sectional, exhaustive and 
bitter. Hayne's allusion to the attitude of New England in the 
war of 1 812 brought from Webster a reference to the Kentucky 
nullifying resolutions of 1799,! and to the recent action of 

* They were afterwards forcibly removed in defiance of a decision of the Supreme 
Court to the effect that the treaties between them and the United States werd 
valid. 

f Hayne quoted the Virginia resolutions of 1799, written by Madison, as justify-^ 
ing nullification. Webster defended Madison, and showed that such interpretation 
could not be put upon them. But this did not destroy Hayne's reliance on the 
Kentucky resolutions, written by Jefferson. We have taken the trouble to show 
that the doctrine of nullification was not in the Kentucky resolutions which Jeffer 



358 POLITICAL HISTORY. 

Georgia and South Carolina respecting the tariff of 1828. This 
brought up the whole question of nullification, Hayne voicing 
the well-known sentiments of Calhoun. And so it drifted from 
Southern grievance to New England Federalism, from State 
rights to Federal powers, from the government as a League to 
the government as a Nation, covering the entire field of 
national and constitutional history. Benton, though a par- 
ticipant, justly calls it " The Great Debate in the Senate." Con- 
gress adjourned. May 31, 1830. 

TWENTY-FIRST CONGRESS— "^^covid, Session.— Met Dec. 
6, 1830. This Congress met at a time when the doctrine of 
Nullification was passing from peaceful resistance to Federal 
authority to open, violent resistance. It had shown its hand the 
preceding April, when at a dinner party in Washington the 
President had rebuked the Nullification sentiment which pre- 
vailed by the toast, " Our Federal Union ; it must and shall be 
preserved." Vice-President Calhoun immediately flung the 
counter-toast among the guests, " Liberty, dearer than Union." 
These led to enough to satisfy the President that he must be on 
his guard, and the Nullifiers that they could not carry him with 
them. As to his friends in Congress, especially those of liberal 
sentiment, he offended them, as before, by repeating in his mes- 
sage his opposition to the National Bank, and by going still 
further and opposing Internal Improvement, except under cer- 
tain limited conditions. This element went to the support of 
the National Republicans, and the result was such an emphatic 
verdict in favor of bills for improvement of harbors, rivers and 
roads, and for light-houses, that he relented his opposition and 
gave them executive approval. 

Before adjournment the President was made to feel the hatred 
of the Nullifiers toward him. Vice-President Calhoun came out 
in a pamphlet severely criticising his war record, especially as 
it related to the Seminole affair. This touched him in a very 
tender spot. Angered beyond measure at its publication, smart- 
son drew, but was in those of the next year (1799), in the shape of an amend- 
ment to Jefferson's. Madison protested against Hayne's use of Jefferson's name in 
support of what he called the *' colossal heresy of nuUification." 




DANIEL WEBSTER. 




ROBERT Y. HAYNE. 



359 



360 POLITICAL HISTORY OF 

ing under the insinuation that all was not lovely among the 
families of his cabinet, and the further insinuation that he pre- 
ferred to be advised by hangers-on at the White House — a 
" Kitchen Cabinet," as they were called — he stormed as only 
" Old Hickory " could storm. His cabinet resigned in a body, 
and gave him opportunity to reorganize, which he did by mak- 
ing Edward Livingston, La., his Secretary of State, vice Van 
Buren ; Louis McLane, Del., Secretary of Treasury, vice Ing- 
ham ; Lewis Cass, Mich., Secretary of War, vice Eaton ; Levi 
Woodbury, N. H., Secretary of Navy, vice Branch; Roger B. 
Taney, Md., Attorney-General, vice Berrien. Congress adjourned 
sine die^ March 3, 1831. 

TWENTY-SECOND (r6>A^Ci?.5'55— First Session.— Met Dec. 
5, 1831. The House organized by re-electing Andrew Steven- 
son Speaker. His majority in the former House was 93, in this 
it was I. The Senate was opposed to the Administration. The 
President forced his war on the United States Bank, and the 
Congress met him more than half way by an act reviving the 
charter, though the old one did not expire till 1836. He vetoed 
the bill, and the requisite two-thirds could not be mustered to 
pass it over the veto. From this time on he pursued the bank 
with Spartan persistency until he drove it out of existence. 

TARIFF OF 1832. — The process of getting ready for the 
Presidential campaign seemed to require, as it had done for sev- 
eral previous campaigns, a revision of the Tariff. An act passed 
in May, 1830, had considerably scaled the rates of duty laid in 
the act of 1828, but not enough to destroy the Protective 
features of that act. The nullifying sentiment in the South must 
be appeased somehow. Another act was the remedy. It was 
the act of July 14, 1832, which reduced duties very considerably 
and placed coffee and tea on the free list. But it failed to effect 
its purpose, for as yet there had been no official or legal repu- 
diation of the Protective idea. Bills making liberal appropria- 
tions for Internal Improvement were also passed and signed ; 
some, however, received the adroit pocket veto. 

The split between the President and Vice-President was wid- 
ened by the refusal of the latter to confirm by his casting vote 



THE UNITED STATES. 361 

in the Senate the appointment of Van Buren as Minister to Eng- 
land. This spiteful proceeding reacted on Calhoun in the shape 
of the nomination of Van Buren for the Vice-Presidency. Con- 
gress adjourned, July i6, 1832. 

ELECTION OF 1832.— This contest is noteworthy as the 
first in which all the parties made their nominations through 
national conventions, and two of them a proclamation of prin- 
ciples through what are now known as party platforms. The 
Anti-Masons took the field as early as September, 1831, at Bal- 
timore, by nominating for President William Wirt, Va. ; for 
Vice-President, Amos Ellmaker, Pa. Their principles were in- 
volved in their formal call of a convention as *' opposition to 
secret societies." 

The National Republicans followed in December, 1831, at 
Baltimore. They nominated for President, Henry Clay, Ky. ; for 
Vice-President, John Sergeant, Pa. The address of the conven- 
tion to the people, or platform, defined the issues of the cam- 
paign as the tariff, internal improvement, the question of remov- 
ing the Cherokee Indians, and renewal of the United States 
Bank charter. 

The Democrats met, also at Baltimore, in March, 1832, and 
nominated for President, Andrew Jackson, Tenn. ; for Vice- 
President, Martin Van Buren, N. Y. The convention published 
no platform of principles.* 

Thus the respective parties entered the campaign. No part 
of the country felt as warmly toward Jackson as at his first 
election. The South was cold, and, in the case of South Caro- 
lina, defiant. The North, or wherever the influence of the 
United States Bank was strongest, was unsympathetic or pro- 
nouncedly against him. But there was little coherency in the 

•5^ But at a ratification meeting, held in Washington, May 11, 1832, a set of reso- 
lutions were adopted which favored internal improvement, denounced removals 
from office for opinion sake and contained the following on the tariff : '■'Resolved, 
That an adequate protection to American industry is indispensable to the prosperity 
of the country, and that an abandonment of the policy at this period would be 
attended with consequences ruinous to the best interests of the nation." None of 
which was very good Jackson doctrine so far as his first administration was con- 
cerned. 



362 POLITICAL HISTORY. 

opposition, and the result of the election, in November, was de- 
cidedly in his favor. " The American System," which Clay's 
nomination had placed on trial before the country, and which the 
National Republicans had presented with all their eloquence and 
logic, was, for the time being, swamped by both the national 
verdict and that in the Congressional districts. South Carolina 
supported none of the nominees, but cast her vote for John 
Floyd, Va., and Henry Lee, Mass. 

NULLIFICATION.— ^o sooner had the Presidential election 
passed over than a South Carolina convention, at Columbus, 
Nov. 19, 1832, declared the tariff acts of 1828 and 1832 "null 
and void and not binding upon the State, her officers and 
citizens." It is difficult to understand this action at this time 
except upon the theory that it was a direct blow of Calhoun and 
his friends at Jackson, for since protection * had been made the 
distinguishing feature of the Presidential campaign, and had not 
been endorsed by the country, any reasonable opponents of the 
protective idea must have been satisfied.f Other circumstances 
may, however, have conspired to bring about the ordinance at 
this juncture. The sentiment of nullification had been ripening 
for some time. The State of Georgia had practically nullified 
the Cherokee Indian act by refusing to obey the decrees of the 
United States Supreme Court. The thought that coercion of a 
State by the Federal troops was possible did not prevail then, 

* The nullifiers, it must be remembered, claimed that a tariff act which involved 
the idea of protection was unconstitutional. This, they said, was t\\Q gravamen of 
the acts of 1828 and 1832. It is very probable, however, that they deemed the 
time a fit one to test the position of a State in the Union. 

f " Jackson had pledged himself to a single term, and Calhoun had expected to 
be his successor. But by adroit use of resolutions in several of the State Legisla- 
tures in favor of a second tei-m for Jackson, he concluded to run again. His 
quarrel with Calhoun now became a feud. Calhoun pressed his nullification idea, and 
Jackson resisted by the proclamation of force, Dec. 16, 1832. Clay, fearing war, 
introduced his " Compromise tariff bill," which passed March 2, 1833, under which 
duties were to be scaled at the rate of 10 per cent, annually till they reached a uni- 
form rate of 20 per cent. This they did in 1842. During this period the country 
reached universal bankruptcy in 1837, a sub-treasury law had to be passed to supply 
the place of the suspended State banks, a bankrupt law to relieve individuals, and 
the tariff act of 1842 to relieve the country." — Reminiscences of an old Whig, 




36a 



364 POLITICAL HISTORY OF 

and the further thought that any such attempt at coercion would 
be resisted by the States through which such troops would be 
compelled to pass, did prevail in South Carolina. At any rate the 
ordinance passed, and it was backed up by resolutions to the 
effect that any appeal from it to the United States Supreme 
Court would be punishable as an offence, and that any attempt 
at force on the part of the general government would be followed 
by the secession of the State. 

This Ordinance, which went into effect Feb. i, 1833, placed the 
State in the attitude of forcible resistance to the laws of the 
United States. A certified copy of it reached the President in 
December, 1832, the Legislature of the State in the meantime 
passing laws taking back all those powers it had parted with to 
the central government, and rapidly placing it on a war footing. 
Soon after its receipt, the President, Dec. 16, 1832, issued his 
celebrated proclamation to the people of the State. It is im- 
portant as showing how the first overt nullification, and first 
direct attempt at secession, was met, and that by an executive 
who, though not of the extreme school of rigid interpreters of 
the Constitution, was yet sufficiently inclined that way to be the 
national representative of the then existing Democracy. The 
Proclamation (i) exhorted the people of South Carolina to obey 
the laws of Congress. (2) Pointed out the illegality of their 
procedure. (3) Showed that the general government was one 
in which the people of all the States were collectively repre- 
sented. (4) Affirmed that Representatives in Congress are 
Representatives of the United States and not of particular States, 
are paid by the United States and are not accountable to the 
State for their legitimate acts. (5) Concluded, therefore, that 
the government was not a League, but a government, whether 
formed by compact or in any other way ; that it operated on in- 
dividuals, not on States ; that the States parted with enough of 
their powers to make a nation ; that the claim of a right to 
secede was not the mere withdrawing from a contract, but was 
destructive of the unity of a nation ; that it would be a solecism 
to contend that any part of a nation might dissolve its connection 
with other parts, to their injury or ruin, without committing an 



THE UNITED STATES. 365 

ofifence. (6) Expressed his determination to enforce the laws, 
even by a resort to force if necessary. 

Without recourse to Congress, then in session, but in the ex- 
ercise of the power he already possessed as executive, he threw 
a naval force into Charleston Harbor and proceeded to collect 
the duties under the Tariff of 1832. In January, however, he 
was forced to ask for legislation to aid him in the enforcement 
of the laws. A bill was consequently prepared in the Senate 
which was deemed adequate. Its provisions provoked intense 
hostility. Debate was long and acrimonious. Notwithstanding 
the fact that it was shown to contain no new feature, and had 
the support of such conservative-minded men as Webster, it was 
denounced as unconstitutional, as tending to civil war, as a 
" Force Bill," as '* the Bloody Bill," etc. It was a bill to enforce 
the Tariff Act of 1832. It passed, was signed by the President, 
and duly executed. South Carolina did not secede on account 
of it, and no State was injured by its passage and enforcement. 
All in all it was probably the best measure which could have 
been devised for the emergency. At any rate it made the Presi- 
dent master of the situation, and rampant nullification subsided. 
Soon after the opening of Congress in December Calhoun re- 
signed the Vice-Presidency and entered the Senate, where he 
took early occasion to say that his State had never intended to 
resist the government by force, and as an evidence of it he called 
attention to the fact that a recent meeting of nullifiers had been 
held at which it was agreed that all thought of forcible resistance 
should be postponed till after the Congress had adjourned. 

TWENTY-SECOND CONGRESS—SGcond Session.— Met 
Dec. 3, 1832. The most important act was that spoken of in 
the preceding paragraph, except perhaps the compromise Tariff 
Act. This act, conceived by Clay in a spirit of compromise, met 
two requirements : (i) the verdict of the last Presidential election; 
(2) the wishes of those engaged in nullification, not fully, per- 
haps, but sufficiently to show that the friends of Protection were 
not necessarily the enemies of their opponents. Its weakness 
was that of all compromises. It was immediately heralded by 
the nullifiers as their vindication, and amid great rejoicing was 



366 POLITICAL HISTORY OF 

proclaimed as a surrender of " the American system " and a 
justification of the South CaroHna status. It did not enact any- 
thing affirmatively, but taking the Tariff of 1832 as a basis, pro- 
ceeded to emasculate it by a dry rot repeal extending .over a 
period of ten years (till 1842), during all which time there was 
to be a gradual biennial reduction of duties, till in the end no 
higher rate than 20 per cent, should survive. 

The President continued his war on the National Bank, but 
was headed off by its friends. The Public Land Question came 
up again in the shape of a bill to turn the proceeds of sales over 
to the States as a loan. A pocket veto settled its fate. 

The count of the electoral vote in February, 1833, revealed, 
for President, Jackson 219, Clay 49, Floyd 11, Wirt 7; for Vice- 
President, Van Buren 189, Sergeant 49, Wilkins 30, Lee ii, Ell- 
maker 7. Congress adjourned sine die, March 3, 1833. Jack- 
son and Van Buren were sworn into office March 4, 1833. 

XIL 

JACKSON'S SECOND ADMINISTRATION. 

March 4, 1833 — March 3, 1837. 

Andrew Jackson, Tenn., President. Martin Van Buren, N. Y., 

Vice-President. 

Congresses. Sessions. 

_ ^ r I, December 2, 1833-Tune 30, 1834, 

Twenty-third Congress. | ^; December i, 1834-March 3, 1835. 

Twenty-fourth Congress. { J; December 5', i836lMirch 3,^?837. 

ELECTORAL VOTE^ 

Democrat. Nat. Republican. Anti-Mason. 

Basis of And. Jack- M. vl^i H. Clay, J. Se^ W. Wirt, Amos Ell- 

States. 47,700. Vote, son, Tenn. Buren, N.Y. Ky. geant, Pa. Va. maker, Pa. 

Alabama 5 7 7 7 

Connecticut 6 8 .. .. 8 8 

Delaware ,i 3 .. .. 3 3 

Georgia 9 II II II 

Illinois 3 5 5 5 

Indiana. 7 9 9 9 

* There were two vacancies. The South Carolina vote went to John Floyd and 
Henry Lee. William Wilkins, Pa., got 30 of the scattering votes. The popular 
VOteAvas: Andrew Jackson, 687,502; Henry Clay, 530,189; William Wirt, 33,108. 



THE UNITED STATES. 



367 



Electoral Vote — Continued. 



Democrat. 



Nat. Republican. Anti-Mason. 



Basis of 
States. 47j7oo- 

Kentucky 13 

Louisiana 3 

Maine 8 

Maryland... 8 

Massachusetts 12 

Mississippi 2 

Missouri 2 

New Hampshire.. .. 5 

New Jersey 6 

New York 40 

North Carolina. ... 13 

Ohio 19 

Pennsylvania 28 

Rhode Island 2 

South Carolina .... 9 

Tennessee 13 

Vermont 5 

Virginia 21 

Totals 240 

THE CABINET. 



And. Jack- M. Van H. Clay, J. Ser- W. W 
Vote, son, Tenn. Buren,N.Y. Ky. geant. Pa. Va. 



15 

5 

10 
10 

14 
4 
4 
7 
8 

42 

15 

21 

30 

4 

II 

15 

7 

23 

288 



5 
10 

3 

4 
4 
7 
8 

42 

15 
21 

30 

so. 
15 

23 
219 



5 
10 

3 

4 
4 
7 
8 

42 

15 
21 

so. 
sc. 

15 

23 

189 



15 



5 
14 



15 



5 

14 



It, Amos Ell- 
maker, Pa, 



49 



49 



Secretary of State Lewis McLane, Del. 

Secretary of Treasury William J. Duane, Pa. 

Secretary of War Lewis Cass, Mich Continued. 

Secretary of Navy .Levi Woodbury, N. H *• 

Attorney-General Roger B. Taney, Md *• 

Postmaster-General William T. Barry, Ky " 

Jackson's Cabinets were very fluctuating. This one was ar- 
ranged, the better to carry on his war against the United States 
Bank. But Mr. Duane refused to obey his order to remove the 
deposits from the Bank on the plea that they were unsafe there, 
that they had been used for political purposes, or for any reason 
whatever. Nor would he resign his office. He on the contrary 
alleged that the President's action was unnecessary, arbitrary, 
and unjust. He was removed, and Roger B. Taney took his 
place. The deposits were then transferred to favorite State 
banks. The National Bank, thus left without bankable resource, 
began to call in its loans and wind up business, in the midst of 
great financial embarrassment and commercial distress. 

TWENTY-THIRD CONGRESS— Y\x-.'i Session.— Met Dec. 
2, 1833, Organized by re-electing Andrew Stevenson, Speaker, 
by a majority of 81. The war on the Bank culminated during 



368 POLITICAL HISTORY OF 

this session. Enough Democratic Senators united with the 
National Republicans to censure the President for his removal 
of the Bank deposits. This was tabled in the House, which 
then committed itself by a resolution not to vote for a re-charter 
of the Bank. Thus the President carried his position by indirec- 
tion, and the tedious, bitter, demoralizing, and, so far as Jackson 
was concerned, personal, struggle ended. Even the commercial 
and industrial hardship entailed by the loss of so powerful a 
financial agent was quoted as an evidence of the truth of the 
President's charges against it.* 

The Post-office Department, which had been conducted under 
the Treasury Department until 1829, and then set apart as dis- 
tinct, came up for investigation. As this was an administration 
measure, the Department was declared by a House investigating 
committee to be corrupt, and a bill for its reorganization passed. 

The President and Senate were in a perpetual snarl. The 
latter rejected his pet nominations, among them that of Taney 
for the Treasury, and Stevenson, the Speaker, as Minister to Eng- 
land. It also attempted to limit his political removals and ap- 
pointments, by a species of Tenure of Office bill. Congress 
adjourned June 30, 1834. 

TWENTY-THIRD CONGRBSS—Second Session.— Met 
Dec. I, 1834. This session was mainly devoted to finance. The 
deposit of public moneys in the State banks was giving rise to 
trouble. As a system it was inconvenient and dangerous, though 
tenaciously adhered to. by the Democrats. Its opponents pro- 
posed as a substitute a system of Sub-Treasuries at various busi- 
ness centres, through whose agents the Treasurer might act 
safely and promptly. This the Democrats voted down, only, 
however, to fall in with and adopt it at a later date, as their best 
weapon with which to fight those who favored re-chartering a 
National Bank. Slight encouragement was given the system of 

* It is perhaps needless to say that the leading Democratic opponents of the Bank, 
such as Benton, rested their case on a denial of the right of the government to 
make anything money except gold and silver. They rigidly interpreted the coinage 
clause of the Constitution, and popularized the idea that Democrats then constituted 
*• the hard money party." 



THE UNITED STATES. 3^9 

Internal Improvements, by an appropriation therefor. Congress 

adjourned sine die, March 3, 1835.. 

TWENTY-FOURTH CONGRESS— First Session.— Met 
Dec. 7, 1835. Organized by electing James K. Polk, Tenn., as 
Speaker. Neither branch was a happy body. An amalgamated 
opposition to the Democrats controlled the Senate, and the 
Democratic majority in the House was divided into two factions, 
one administration, anxious to advance Van Buren's chances for 
the Presidency, the other anti-administration, anxious to advance 
those of Hugh L. White, Tenn. Fortunately no measures of 
party moment arose. The leading act of the session was one 
which passed in pursuance of the President's announcement in 
his message that the public debt would soon be paid, and his 
advice that some method of disposing of the surplus revenue 
should be provided. It is of moment now, in view of the fact 
that a similar proposition is being mooted, and bids fair to 
become a party issue. 

SURPLUS REVENUE.— Cldcy's previous plan to distribute 
the surplus arising from the sale of public lands among the 
States was premature* because the government had need of the 
money. Now, the extinguishment of the public debt made a 
similar plan more timely. But how to get at it was a grave 
question. Every way seemed unsatisfactory till a plan of regu- 
lating the deposit of public moneys in the State banks was hit 
upon. Deposits had hitherto been made in the " pet banks." 
Now the surplus revenue was to be divided in proportion to the 
population of each State, and the share of each, as thus ascer- 
tained, was to be deposited in its designated State bank or 
banks, for the use of the State, the same to be regarded as in 
the nature of a loan for whose return, when called on, the State 
stood as a pledge. This ingenious act passed both Houses in 
June, 1836, to take effect Jan. i, 1837. It applied to all surplus 
above ;^5, 000,000, and under it ^26,101,644 were distributed. It 
ceased to operate in less than a year, by act of Congress, owing 
to hard times. The Distribution bill -was signed by the Presi- 
dent reluctantly. The promised benefit to the States did not 
accrue, nor did those who favored it with the hope of advancing 
24 ■ 



370 POLITICAL HISTORY. 

their Presidential chances reap the harvest they expected. The 
panic of 1837 burst upon the country all the same, and the Dem- 
ocratic party suffered defeat in 1840. Arkansas became a State 
June 15, 1836. Congress adjourned July 4, 1836. 

PANIC OF 1837.— The destruction of the United States 
Bank, the scaling of duties under the Tariff Act of 1833, the mul- 
tiplication of State banks and introduction of their variable and 
doubtful notes, made the financial situation uncertain, distressed 
business, and tended directly toward panic. This was precipi- 
tated by an order of the President, issued through his Secretary 
of Treasury (July, 1836), to the effect that the Treasury should 
cease to take State bank notes in payment for Public Lands, but 
should, in the future, take only gold and silver. From a Treasury 
standpoint this was justifiable, for the notes of the State banks 
had been piling up in the Treasury Department in great quan- 
tities. But as such a result had been invited by the destruction 
of the National Bank, with its uniform and stable currency, it 
looked as if the President were recoiling from it. His specie 
order speedily swamped the State banks, except the " pet " ones, 
which were banks designated to receive the national deposits, 
by creating a demand for gold and silver they could not meet. 
The panic broke on the country the next year, and the direst 
distress prevailed in every department of business. 

ELECTION OF 1836. — This contest opened early by the 
nomination (1834-35) of H. L. White, Tenn., by the Legislature 
of Alabama. This was to head off Jackson, who sought the 
nomination of Van Buren. The White faction was the rest, 
residue and remainder of the old Crawford faction, members of 
the extreme school of rigid interpreters, strict State-rights men, 
former nulHfiers, unyielding opponents of Jackson. But the Van 
Buren forces were not to be demoralized in this way. The era 
of caucus and legislative nomination had passed. A popular 
convention met in Baltimore in May, 1835, and placed Martin 
Van Buren, N. Y., in nomination for President, with Richard M. 
Johnson, Ky., for Vice-President. This was called a " Loco- 
Foco " convention, the term having come into popular use the 
previous winter in New York as a set-off to the term " Whig," 



d 

:^ 

H 
W 
D 

en 
H 
> 
H 

W 

> 
o 



n 
c 

c/: 

■J 

O 



C 

c 

> 



> 

o 

r 




371 



372 POLITICAL HISTORY OF 

which was at the same time applied to the National Republican 
party. The " Loco-Focos " promulgated a platform, the impor- 
tant plank in which was adherence to gold and silver as the only- 
proper circulating medium. 

The Whigs, Anti-Masons, '' and all opposed to " Van Buren, 
united on William Henry Harrison, Ohio, for President, and 
Francis Granger, N. Y., for Vice-President, who had been the 
declared nominees of a State convention held in Pennsylvania 

(1835)- 

To the Alabama nomination of H. L. White for President had 
been added that of John Tyler, Va., for Vice-President. 

Feeling that the election could be thrown into the House, 
where the Democratic division would insure the choice of an 
opposition candidate, Ohio placed John McLean in nomination 
for the Presidency, and Massachusetts, Daniel Webster. 

Thus shaped, the election took place in November, 1836, and 
resulted in a majority of Van Buren electors. 

TWENTY-FOURTH CONGRESS— ^qcox\A Session.— Met 
Dec. 5, 1836. This session was not notable for bills passed, 
but is memorable for the attempt made by the Southern mem- 
bers to recover the territory west of the Sabine (Texas), which 
had been lost at the time of the Florida purchase (18 19). Con- 
trary to the advice contained in the President's message, against 
interference between Mexico and the Republic of Texas (Texas 
had seceded from the Mexican Republic and set up for herself), 
the Senate passed a bill recognizing Texan independence, which 
the House rejected. 

A NEW POLITICAL FORCE.— It is further memorable 
as directly recognizing a new political force which had been incor- 
porated in 1833 as the National Anti-Slavery Society, which had 
been working quietly and suasively by means of lectures, tracts 
and newspapers, and which, in its preference of abroad humanity 
for narrow code, had given offence to the South by technical 
violations of the existing regulations respecting the return of 
fugitives. The mob violence which had been resorted to in 
several Northern cities for the purpose of breaking up the 
sources of abolition literature having failed, and there being an 



THE UNITED STATES. 373 

alarming increase of the same in the South, the President 
advised Congress to pass a bill construing such literature as 
incendiary and prohibiting its carriage by the United States 
mails. The times were not yet ripe for this summary method, 
and the bill was rejected. 

THE ELECTORAL (r(9^iyr.— Michigan was admitted as a 
State, Jan. 26, 1837. The electoral count in February resulted 
in 170 for Van Buren; 73 for Harrison; 26 for White; 14 for 
Webster; and 11 for W. P. Mangum, N. C, for President; and 
for Vice-President, 147 for Johnson; "jj for Granger; 47 for 
Tyler; and 23 for William. Smith, Ala. There being no choice 
for Vice-President, the House elected Richard M. Johnson, Ky. 
Congress adjourned sine die, March 3, 1837, and on March 4 
Van Buren and Johnson were sworn into office. 

Jackson signalized his retiracy by a farewell address, after the 
manner of Washington, in which he vindicated his administrative 
career, and congratulated the country on its peace, prosperity, 
and full triumph of the Democratic principles and party. His 
own peace of mind had beisn exalted by the passage of a resolu- 
tion, March 16, 1837, expunging the Clay resolution censuring 
his conduct in the removal of the public moneys from the 
National Bank. 

XIII. 

VAN BUREN'S ADMINISTRATION. 

March 4, 1837 — March 3, 1841. 

Martin Van Buren, N. Y., President. Richard M. John- 
son, Ky., Vice-President. 

Congresses. Sessions. 

{I, September 4, 1837-October 16, 1837, extra session. 
2, December 4, 1837-July 9, 1838. 
3, December 3, 1838-March 3, 1839. 

,,, „ f I, December 2, 1839-July 21, 1840. 

Twenty-sixth Congress. | ^^ December 7, 1840-March 3, 1841. 



374 



POLITICAL HISTORY OF 



ELECTORAL VOTE^ 



Basis of 

States. 47 J 700. Votes. 

Alabama 5 7 

Arkansas I 3 

Connecticut 6 8 

Delaware I 3 

Georgia 9 II 

Illinois 3 5 

Indiana 7 9 

Kentucky 13 15 

Louisiana 3 5 

Maine 8 lo 

Maryland 8 lo. 

Massachusetts 12 14 

Michigan I 3 

Mississippi 2 4 

Missouri 2 4 

New Hampshire,. .. 5 7 

New Jersey 6 8 

New York 40 42 

North Carolina.... 13 15 

Ohio 19 21 

Pennsylvania 28 30 

Rhode Island 2 4 

South Carolina 9 11 

Tennessee 13 15 

Vermont 5 7 

Virginia 21 23 

Totals 242 294 

THE CABINET. 



Democrat. 



Whig. 



M. Van Bu-R.M.John- 
ren, N. Y. son, Ky. 



W. H. Harri- F. Granger, 



son, Ohio. 



N 



4 

3 
8 

7 
4 
5 

sc. 

TO 



4 

4 
7 

42 
15 

30 
4 

sc. 



23 
170 



4 
3 
8 

7 
4 
5 

sc. 
10 



4 
4 
7 

42 
15 

30 
4 

sc. 



sc. 



10 

sc 



21 



15 

7 



sc 

14 



21 



15 

7 
sc. 



147 



73 



77 



Secretary of State John Forsyth, Ga Continued. 

Secretary of Treasury. . . . Levi Woodbury, N. H . . . . " 

Secretary of War Joel R. Poinsett, S. C. 

Secretary of Navy Mahlon Dickerson, N. J.. .Continued. 

Attorney-General Benjamin F. Butler, N. Y... " 

Postmaster-General Amos Kendall, Ky " 

THE INAUGURAL.— V2.n Burin's inaugural teemed with 
faith in his predecessor and promises to abide by his poh'cy. 
It congratulated the country on its prosperity and peace, and 
laid down as his chart the doctrines of the Democratic party. 
This commitment was untimely. It made him the executor of 



* Webster got the 14 votes of Massachusetts; Mangum the 11 votes of South 
Carolina; White 26 votes from various Southern States. For Vice-President,, John 
Tyler got 47 and William Smith 23. The popular vote was. Van Buren, 761,549, 
r5 States; Harrison, 7 States; White, 2 States; Webster, i State; Mangum, I 
State — 236,656 votes. 



THE UNITED STATES. 375 

the wreck invited by a financial policy which would have in time 
carried even Jackson down. The State banks had flooded the 
country with a " wild-cat " currency. Values were inflated and 
speculation rife. The President's (Jackson's) order to take noth- 
ing but gold and silver in payment for public lands had by this 
time resulted in a heavy gold premium, and the impossibility of 
getting specie at all by the weaker banks. The folly of the law 
ordering the distribution of the surplus among the States was 
now apparent, for the surplus was in the keeping of the " pet 
banks," and they could not respond to the order to pay money 
over to the States which they had loaned out and could not 
promptly collect. On May lO, 1837, a general suspension of the 
banks took place. This stopped the treasury, for its deposits 
were with the banks. The panic of 1837 was on, with its cruel 
and unparalleled wreck of every vital business interest. 

TWENTY-FIFTH CONGRESS— KyX.x^. Session.— Called 
Sept. 4, 1 837, to consider the financial situation. House organized 
by electing James K. Polk, Tenn., Speaker. Both branches Dem- 
ocratic ; House by a majority of 13. The President's message 
defended Jackson's " Specie Circular," but recommended the Gov- 
ernment to break off from the banks, whether State or National, 
and rely on an Independent Treasury System,* with an issue of 
Treasury notes ; further, to stop paying the deposits due the 
States under the act then in force. The message met with vio- 
lent opposition from Whigs and many Democrats. Clay, Web- 
ster, Cushing and others made it a text for the review of Dem- 
ocratic finance, from the beginning of the Government down. 
The Democratic opponents of the message switched off into a 
separate party, calling themselves " Conservatives." The bills 
enacted sustained the Administration and marked the era of a 
complete separation between State and National banking. They 
stopped the distribution of the surplus among the States, 
extended the time to merchants who had borrowed National 

* This was really the Sub-Treasury plan proposed by the National Republi- 
cans in the 23d Congress, and then rejected by the Democrats, It was now 
opposed by the Whigs, who saw, since the distress was on, an opportunity to re- 
establish a National bank, and, as they reasoned, thus lift the country out of panic. 



376 POLITICAL HISTORY. 

moneys, and sanctioned the issue of Treasury notes to the ex- 
tent of ;^ 10,000,000. 

The interest of the session was heightened by Calhoun's reso- 
lutions in the Senate against interference with slavery in the 
States, and to the effect " that it would be inexpedient and im- 
politic to abolish or control it in the District of Columbia or the 
Territories." He was loud in his praise of the Missouri Com- 
promise of 1820. From this time on the subject of slavery came 
up in nearly every session of Congress, till 1863. Congress ad- 
journed, Oct. 16, 1837. 

TWENTY-FIFTH CONGRESS— Y'xxs.'i Regular Session.— 
Met Dec. 4, 1837. The coalition between the Whigs and Con- 
servative Democrats still prevailed, and it defeated in the House 
the Senate bill to establish an Independent Treasury, though it 
came to the relief of that department by authorizing it to accept 
as current the notes of specie-paying banks. This innocent- 
looking measure really permitted the Administration to get away 
from the hampering effects of Jackson's Specie Order without 
the humiliation of formally withdrawing it. 

The determination of the Southern States to regain Texas 
came boldly forth this session by a bill for annexation, which did 
not pass. It will be curious now to watch the growth of this 
idea of enlarged slave territory, first by direct acquisition, and 
then by the doctrine that, notwithstanding the Missouri Com- 
promise, all Government territory was open to slavery ; and to 
note that the idea kept even pace in its growth with the loss of 
political power occasioned by a preponderance of free States and 
the rapid growth of the Anti-Slavery sentiment. Congress ad- 
journed, July 9, 1838. 

TWENTY -FIFTH CONGRESS —Second Session. — Met 
Dec. 3, 1838. There was no political legislation of moment dur- 
ing this session. The Administration was as if wrapped up in 
a hard Democratic shell, and the drift of sentiment in Congress 
and the country was away from it and toward the Whigs, or 
some element equally liberal in its interpretation of the Consti- 
tution and willing to propound and risk something for the relief 
of the country. Congress adjourned sine die, March 3, 1839. 




CALEB GUSHING. 




WM. LLOYD GARRISON. 



377 



378 POLITICAL HISTORY OF 

TWENTY-SIXTH CONGRESS— First Session.— Met Dec. 
2, 1839. The organization of the House was delayed by a closely 
contested Congressional election in New Jersey. Five Democrats 
contested the seats of five Whigs. Neither set was admitted until 
after the choice of a Speaker, which fell to Robert M. T. Hunter, 
Va., a Whig, and in favor of the Sub-Treasury plan. The Whigs 
in this instance were aided by a few regular Democrats and by 
the friends of Calhoun, who for several sessions had swung free 
lances in both House and Senate. The final decision of the 
case was not had till in March, 1840, when the Democratic con- 
testants were seated, making the full Democratic strength 122^ 
and the Whig strength 113. The leading act of the session was 
one providing for the " collection, safe-keeping and disbursing of 
the public money." It was simply Monroe's Independent Treas- 
ury plan, and it was passed by a small majority in both Houses 
and signed by the President. The Whigs opposed it under the 
lead of Clay, but some of them, as Cushing, favored it. A 
heavy blow was aimed at the system of Internal Improvement 
by an act suspending all appropriations therefor. The practice 
of '' pairing off" began during this session. J. Q. Adams intro- 
duced a resolution to censure it, but it was not put on its pas- 
sage. The practice has grown ever since — grown to be a 
nuisance. John Tyler, Va., an ultra Democrat of the Calhoun 
school, won his way to the Vice-Presidency on the Whig ticket 
by his opposition to the Administration during this session. 
Congress adjourned, July 21, 1840. 

ELECTION OF 1840.— The Whigs took the lead in National 
Convention at Harrisburg, Pa., Dec. 4, 1839. Clay, the ablest 
and most pronounced Whig in the country, was not deemed 
available as a candidate owing to a desire to conciliate the Anti- 
Mason and other opposing elements, and to the thought that 
one of military prowess would go through, as Jackson had done. 
The nomination for President was, therefore, conferred on Wil- 
liam Henry Harrison, Ohio, and for Vice-President on John 
Tyler, Va. No platform. 

The Democratic Convention met at Baltimore, May 5, 1840, 
and unanimously renominated Van Buren, leaving the States to 



THE UNITED STATES. 379 

fill up the Vice-Presidency. A lengthy platform was adopted, 
affirming (i) " That the Federal Government was one of limited 
powers ; " (2) " That the Constitution does not confer the right 
on the Government to carry on a system of internal improve- 
ment ; " (3) nor to assume the debts of the States contracted for 
internal improvement; (4) " Justice and sound policy forbids the 
Government to foster one branch of industry to the detriment of 
another or one section to the injury of another ; " (5) urged econ- 
omy ; (6) Congress has no power to charter a U. S.bank ; (7) and 
no power to interfere with the domestic institutions of the States ; 
(8) Government money must be separated from banking institu- 
tions ; (9) this country is the asylum of the oppressed of all 
nations. 

The Abolition or Liberty party nominated, Nov. 13, 1839, 
James G. Birney, N. Y., for President, and Francis Lemoyne, 
Pa., for Vice-President. Its platform favored (i) The abolition 
of slavery in the District of Columbia and Territories ; (2) Stop- 
page of the inter-State salve trade ; (3) General opposition to 
slavery to the full extent of constitutional power. 

All parties were now ready. The campaign was the liveliest 
on record. The October elections inspired the Whigs. Their 
attack on Van Buren's financial policy was telling all along the 
line. The furore was intensified by the introduction of the spec- 
tacular. Log-cabins with the latch-strings hanging out, and 
barrels of hard cider, were made the type of" out West " gener- 
osity and happy pioneer life. The meetings were frequent and 
extended into every county and town. The result was a Whig 
victory of astounding magnitude. Van Buren carrying but five 
Southern and two Northern States. 

TWENTY-SIXTH CONG RES S—SQcond Session.— Met 
Dec. 7, 1840. A quiet session and no work of political moment. 
Electoral vote counted in February, 1841, showing Harrison 234 
and Van Buren 60 for President ; for Vice-President, Tyler, 
234 ; Johnson, 48 ; L. W. Tazewell, Va., 1 1 ; and James K. 
Polk, Tenn., i. Congress adjourned sine die, March 3, 1 84 1, 
and on March 4 Harrison and Tyler were sworn into office. 



380 



POLITICAL HISTORY OF 



XIV. 
HARRISON'S AND TYLER'S ADMINISTRATION. 

March 4, 1841 — March 3, 1845. 

William Henry Harrison, Ohio, President. John Tyler, Va., 

Vice-President. 
(Harrison died April 4, 1841, having served one month.) 

Congresses. 
Twenty-seventh Congress. 



Twenty-eighth Congress. 



Sessions. 

1, May 31, 1841-September 13, 1841. Extra Sess. 

2, December 6, 1841-August 31, 1842. 

3, December 5, 1842-March 3, 1843. 

r I, December 4, 1843-June 17, 1844. 

(2, 



December 2, 1844-March 3, 1845. 



ELECTORAL VOTE,'' 



Whig. 



Democrat. 



Basis ot 
47,700. 

. 5 



States. 

Alabama 

Arkansas I 

Connecticut 6 

Delaware. I 

Georgia 9 

Illinois 3 

Indiana 7 

Kentucky 13 

Louisiana 3 

Maine 8 

Maryland 8 

Massachusetts 12 

Michigan I 

Mississippi 2 

Missouri 2 

New Hampshire .... 5 

New Jersey 6 

New York 40 

North Carolina 13 

Ohio 19 

Pennsylvania 28 

Rhode Island 2 

South Carolina 9 

Tennessee 13 

Vermont 5 

Virginia 21 

Totals 242 



Votes. 

7 
3 

3 
II 

5 

9 

15 

5 

10 

10 

14 

3 

4 
4 
7 

8 

42 

15 
21 

30 

4 
II 

ts 

7 

_^ 

294 



Wm. H. Har- 
rison, Ohio. 



8 

3 
II 



9 

15 
5 

10 
10 

14 
3 
4 



8 

42 

15 
21 

30 
4 

• • 

IS 

7 



234 



J.Tyler, 
Va. 



8 

3 
II 

• • 

9 

5 

10 
10 
14 

3 

4 



8 

42 

15 
21 

30 
4 

• • 

15 
7 

234 



M.Van R.M.John- 
Buren, N. Y. son, Ky. 



4 
7 



II 



23_ 

60 



sc 
31 

48 



* L. W. Tazewell got the II votes of South Carolina for Vice-President, and 
James K. Polk got I vote out of the column of States set down as for Johnson. 
The popular vote was : Harrison, 1,275,017 — 19 States j Van Buren, 1,128,702—7 
States ; Birney, 7,059. 



THE UNITED STATES. 381 

THE CABINET, 

Secretary of State Daniel Webster, Mass, 

Secretary of Treasury , Thomas Ewing, Ohio. 

Secretary»of War John Bell, Tenn. 

Secretary of Navy. G. E. Badger, N. C. 

Attorney- General John J. Crittenden, Ky. 

Postmaster- General Francis Granger, N. Y. 

THE INAUGURAL. — Harrison's Inaugural was a genial, 
assuring paper, with a blow at Jackson's excessive use of the 
veto power and his " to the victor belong the spoils " theory, 
and at both his and Van Buren's attempts to make political capi- 
tal out of the currency question. On March 17 he called an 
extra session of Congress, to convene May 31, to consider the 
revenue and financial situation. He died April 4, and John 
Tyler succeeded. This was the first time a Vice-President suc- 
ceeded to the Presidency on the death of the President. 

TWENTY-SEVENTH CONGRESS— ^x.iv2i Session.— Met, 
pursuant to call. May 31, 1841. House organized by electing 
John White, Ky., Whig, Speaker. Whig majority in Senate 6; 
in House 25. The Whig majority was harmonious and had a 
plain duty to fulfil, as they thought, for their promises to the 
country had been explicit during the campaign and their policy 
well outlined. They therefore began by repealing the Indepen- 
dent Treasury Act, passing a Bankrupt Law, and an act to dis- 
tribute certain proceeds of public lands among the States, all of 
which were signed by President Tyler. But when they came 
to substitute for the Independent Treasury a U. S. Fiscal Bank, 
even though it was an acknowledged improvement on the old 
U. S. Bank, the President interposed with a veto, his reason 
being that it was unconstitutional. This sudden swing to the 
President's old strict construction notions alarmed the Whigs. 
Not wishing to break with him they asked him to frame a bill 
which he could sign. After consulting his Cabinet, he presented 
one which was passed by both Houses, but which, to the aston- 
ishment of the Whigs and the country, he also vetoed. The 
Cabinet felt they had been insulted, and, with the exception of 
Webster, resigned. The Whigs grew indignant over their be- 
trayal, and in an address to the country declared the President 
an impediment to their work of reform and repudiated him as 



382 POLITICAL HISTORY OF 

the head, and as a member, of the party. Congress adjourned, 
September 13, 1841. 

TWENTY-SEVENTH CONGRESS— Yu?.1 Regular Session. 
— Met Dec. 6, 1841, amid great political uncertainty. The Presi- 
dent's course had demoralized the Whigs, and the fall elections 
had gone against them. He had reorganized his shattered Cabi- 
net out of very conservative material, and it stood, Secretary of 
State, Daniel Webster, Mass. ; Secretary of Treasury, Walter 
Forward, Pa. ; Secretary of War, John McLean, Ohio ; Secre- 
tary of Navy, A. P. Upshur, Va. ; Attorney-General, Hugh S. 
Legare, S. C. ; Postmaster-General, Charles A. Wickliffe, Ky. 
The folly of having placed him on the ticket was apparent to all, 
for in accepting a place there, with the implied pledge to favor 
Whig doctrine, he certainly renounced none of his old rigid con- 
struction sentiments which threw him into the Calhoun school, 
and made it impossible for him to support Van Buren and the 
Democratic ticket. He was certain of a kind of support, how- 
ever repudiated by the Whigs, for the Democrats who saw re- 
turning success through the Whig demoralization, naturally 
encouraged him in every measure calculated to further stampede 
them. 

TARIFF ACT OF 1842. — Thus inauspiciously the regular 
session began. The Whigs came to the front with a Tariff act 
to amend the act of 1833, under whose scaling terms the duties 
had run so low that government receipts were now less than the 
expenses. The bill awakened the old animosities of the school 
of rigid interpreters, and called forth almost the old debates of 
1828 and 1832, which, it will be remembered, were against the 
constitutionality of the Protective idea, and which involved the 
question of nullification. It passed, however, but was unfor- 
tunately coupled with a clause providing for the distribution of 
any surplus that might arise to the States. The President 
vetoed it, as violative of the compromise of 1833, which, as to 
protection and revenue, was to run till 1842, and as to non-dis- 
crimination against the planting interests was practically without 
time. Another was passed without protective features. This 
was also vetoed. A third was passed, without the protective 



THE UNITED STATES. 383 

and the surplus clauses, and was signed Aug. 30, 1842. This 
became the Tariff act of 1842. It found a prevailing rate of 20 
per cent, on leading articles, and on the principle that the gov- 
ernment must have revenue, raised the rates some 10 per cent., 
cottons going to 30 per cent., woollens to 40 per cent., silks to 
;^2.50 per pound, bar iron to $2$ per ton, and pig iron to $g per ton. 
Tea and coffee were still free, but sugar went to 2^ cents per 
pound. The bill to distribute the surplus was passed separately 
and vetoed. In the Senate debates on this Tariff, Clay and Cal- 
houn, who stood together in the compromise Tariff of 1833, 
parted company, and the former charged the latter with revamp- 
ing the " free trade theories of a certain party in the British 
Parliament." 

THE SLAVERY QUESTION.— Kn exciting period in the 
session was reached when John Q. Adams, notwithstanding the 
previous decision of the House to refuse to entertain petitions 
for the abolition of slavery, presented a batch of them, on the 
ground that '* the right of petition " was guaranteed by the Con- 
stitution. For this an unsuccessful attempt was made to vote 
him censurable. Scarcely had the flurry over this subsided when 
Joshua R. Giddings, Ohio, moved (March, 1842) his celebrated 
resolutions to the effect that slavery only exists by force of posi- 
tive law, and is limited to the territory and jurisdiction wherein 
such law is found. That, being a curtailment of the rights of 
man, it cannot go beyond such jurisdiction by force of any com- 
mon law or custom, nor be instituted anywhere except by 
express stipulation of the authorities interested. This, in con- 
nection with the claim that the government had exclusive juris- 
diction over its unincorporated and incorporated territory, 
became the bulwark of those who afterwards fought to exclude 
slavery from the Territories. Giddings was censured by the 
House, resigned, and was vindicated by re-election. 

Congress adjourned, Aug. 31, 1842. 

TWENTY-SEVENTH CONGRESS— ^^zond Session.— Met 
Dec. 5, 1842. The condition of the country was still unsatis- 
factory. The Treasury was empty, and ;^ 14,000,000 behind. 
The government could not place a loan of ;^ 1 2,000,000, author- 



384 POLITICAL HISTORY OF 

ized in 1841. Treasury notes were below par. The revenues 
were decreasing, for the Tariff Act of Aug. 30, 1 842, had not yet 
begun to operate favorably. The dominant Whigs had lost their 
leader by the resignation of Clay from the Senate (March, 1842). 
His repeated defeats for the Presidential nomination, the inability 
of his party to fulfil its pledges to the people, owing to the 
hostile attitude of Tyler, the direct attacks of the Administra- 
tion and its " corporal's guard " of followers on him, had filled 
him with disgust for political life. This was a terrible blow to 
the party, for he had unflinching courage, rare tact, grand elo- 
quence, unquestioned rectitude of intention, and an advanced 
ground which brought out all the magnetism of his leadership. 
The best evidence of his qualities as a political captain is fur- 
nished by the fact that he built and held his party without the 
ordinary accessories of power and patronage, The session was 
barren of political results, except a warning by Anti-Slavery 
Whigs to the country to beware of the secret efforts going on to 
recover Texas, in the interest of the South. 

Congress adjourned sine die, March 3, 1843. 

TWENTY-EIGHTH CONGRESS— Y\r->\. Session. — Met 
Dec. 4, 1843. The result of the Congressional elections had 
been adverse to the Whigs. They had still a majority of four 
in the Senate; but their majority of twenty-five in the House 
bad been turned into a Democratic majority of sixty-one. The 
House therefore organized by the election of John W^ Jones, Va., 
Speaker. The President's message was a political curiosity. 
Contrary to all his rigid construction notions, to the freshest tra- 
ditions and plainest professions of the only party now giving him 
comfort and support, he favored a national paper currency, and 
as to Internal Improvement, he went so far as to urge a system 
for the West. Two treaties were presented to the Senate for 
ratification, one rectifying the northwest boundary, the other an- 
nexing Texas. The latter was rejected, by a solid Whig vote 
and a strong Democratic contingent (seven in all). This thrust, 
"Texas annexation" directly into politics. To annex at any 
cost became a Southern policy. A free North on the line of 
36° 30' to the Pacific would prove so overshadowing as to 



THE UNITED STATES. 385 

endanger the political supremacy of the South and its peculiar 
institution. Of the two public improvement bills passed during 
the session, one for the East, the other for the West, the Presi- 
dent vetoed the former. Congress adjourned, June 17, 1844. 

ELECTION OF 1844.— The Liberty Party was first in the 
field, in convention at Buffalo, N. Y., Aug. 30, 1843. Its candi- 
date for President was James G. Birney, Mich. ; for Vice-Presi- 
dent, Thomas Morris, Ohio. Its platform announced (i) human 
brotherhood as the cardinal principle of democracy; (2) de- 
manded divorce of the general government from slavery; (3) 
stated that the party was not sectional but national, resting on 
the thought that slavery was in derogation of the principle of 
American liberty; (4) that the faith of the nation as originally 
pledged in all original instruments not to extend slavery beyond 
its present limits had been broken; (5) that slavery is against 
natural rights, therefore strictly local; (6) that the general gov- 
ernment has no authority to extend it to the Territories ; (7) 
called on the States to enact penal laws against the return of 
fugitives. 

The Whigs met in national convention at Baltimore, May i, 
1844, and nominated, for President, Henry Clay, Ky., and for 
Vice-President, Theodore Frelinghuysen, N. Y. A brief plat- 
form announced as cardinal principles (i) "a well-regulated 
national currency ; " (2) " a tariff for revenue, discriminating with 
reference to protection of domestic labor;" (3) "distribution of 
the proceeds of sales of public lands ; " (4) " a single term for 
the Presidency ; " (5) reform of executive usurpation. 

The Democratic Convention met at Baltimore, May 27, 1844. 
This was a postponed convention from the previous December, 
in order to allow the Van Buren sentiment to ferment. Calhoun 
was Van Buren's opponent, and the former was running on the 
Texas annexation tide, the latter against it, not pronouncedly, 
but enough so to make his slaughter desirable. Calhoun, 
offended at the postponement of the convention and manner of 
choosing delegates, did not appear with the South Carolina dele- 
gation. His influence was not less by absence. Van Buren's 
clear majority of the 266 delegates was turned to his defeat by 

25 



386 POLITICAL HISTORY. 

a resolution that the nomination should be made only by a two- 
third vote. This he could not control. He withdrew on the 
eighth ballot, and James K. Polk, Tenn., received the nomina- 
tion for President, and George M. Dallas, Pa., for Vice-President.* 
The platform affirmed that of 1840, and added (i) that the Con- 
stitution does not warrant the distribution of the proceeds of pub- 
lic land sales among the States ; (2) that the President has a 
right to use the qualified ("pocket") veto; (3) that all of 
Oregon ought to be reoccupied and Texas be annexed. 

The parties thus went to the country with their candidates and 
principles. Texas annexation, the Oregon (" 54° 40' or fight ") 
question, and a vigorous effort to prove that under the act of 
1842 Polk and Dallas were safe tariff men, were the hinging 
points of the Democrats. The WhigS drove the Protective 
Tariff idea and relied greatly on the fame of their candidate. 
Silas Wright, who had refused to serve on the Democratic ticket 
as Vice-President, on account of the slaughter of Van Buren, 
and who had resigned from the Senate to run as governor of 
New York, unwittingly contributed to the election of the ticket 
he had declined to run on. He went through as governor on his 
individual popularity, and the National ticket followed by a bare 
majority. The vote of New York elected Polk and Dallas, the 
State and National elections being held on the same day. And 
to this result Clay himself was an unwise contributor, for his effort 
to conciliate Southern Democrats by an untimely letter favoring 
postponed Texas annexation alienated enough anti-slavery 
Whigs to have still overcome Polk's popular majority in 
New York. In no National election was the result so close and 
doubtful in so many States. In fourteen it was not known for 
several days, and in several of these the vote of the Liberty 
party was a balance of power. 

TWENTY-EIGHTH CONGRESS— Second Session:— Met 
Dec. 2, 1844. President Tyler had swung, in every respect, over 
to the doctrines of the extreme Southern school of Democrats, and 
actively co-operated with them under the lead of his Secretary of 
State, John C. Calhoun. His last message favored Texas an- 

* Silas Wright, N. Y., was first nominated for Vice-President, but declined. 




THEODORE FRELINGHUYSEN. 




THOMAS H. BENTON. 



887 



388 POLITICAL HISTORY OF 

nexation and the assumption of her cause with all its conse- 
quences. The South was a unit on this measure. At Ashley, S. C, 
a meeting had been held (May, 1844), seeking to combine the 
Southern States in Convention, to unite themselves in a body to 
Texas, if Texas was not annexed as a State to the Union. The 
Texas treaty of annexation which had been rejected in the Sen- 
ate was now substituted by a joint resolution to annex the State, 
through a commission, it being understood that the incoming 
President (Polk) would appoint such body. But at Calhoun's 
instance and to the surprise of everybody, the President deter- 
mined to send out (March 3, 1845) a special messenger to 
arrange terms. Only on Calhoun's assurance that such act 
would not interfere with the formal commission provided for did 
the resolution secure the necessary support. It passed, and in 
pursuance of it Texas was afterwards incorporated as a State, 
with slavery under her own constitution, and with the proviso 
that slavery should not exist in any State formed from her ter- 
ritory North of 36° 30', and that the question of slavery in any 
States formed from her territory South of that line should be left 
to the people of such States. Her condition being that of war 
with Mexico, the war was assumed by the United States, it being 
only a question of time when the then pending armistice between 
Texas and Mexico should end. Calhoun did not originally 
favor war with Mexico. He thought Mexico could be quieted 
by a money consideration. As the annexation was more his act 
than the President's, he was, after war broke out, charged with 
being its author. 

A bill to organize Oregon into a Territory up to 54° 40', 
away beyond the boundary claimed by England, was passed in 
the House, but the Senate failed to consider it. Harbor im- 
provement bills for both East and West were passed, but vetoed. 
The result of the electoral count in February showed 170 elec- 
toral votes for Polk and Dallas, and 105 for Clay and Freling- 
huysen. March 3d, Florida became a State of the Union. Con- 
gress adjourned sine die, March 3, 1845. March 4, 1845, Polk 
and Dallas were sworn into office. 



THE UNITED STATES. 



389 



XV. 

POLK'S ADMINISTRATION. 
March 4, 1845 — March 3, 1849. 

James K. Polk, Tenn., President. George M. Dallas, Pa., 

Vice-President. 



Congresses. 
Twenty-ninth Congress. 

Thirtieth Congress. 



Sessions. 



J I, December i, 1845-August 10, 1846. 
\ 2, December 7, 1846-March 3, 1847. 

f I, December 6, 1847- August I4) 1848. 
\ 2, December 4, 1848-March 3, 1849. 



ELECTORAL VOTE.^ 



Basis of 
70,680. 

7 
I 

4 
I 



States. 
Alabama. . . . 
Arkansas . . . 
Connecticut. 
Delaware . . . 

Georgia 8 

Illinois 7 

Indiana 10 

Kentucky lO 

Louisiana 4 

Maine 7 

Maryland 6 

Massachusetts . . 10 

Michigan 3 

Mississippi 4 

Missouri 5 

New H ampshire 4 

New Jersey 5 

New York 34 

North Carolina 9 

Ohio 21 

Pennsylvania ... 24 
Rhode Island . . 2 
South Carolina 7 

Tennessee 11 

Vermont 4 

Virginia 15 

Totals 223 



Democrat. 



Votes 

9 
3 
6 

3 
10 

9 
12 

12 
6 

9 

8 
12 

5 
6 

7 

6 

7 
36 
II 

23 
26 

4 
9 

13 

6 

17 

275 



James K. Polk, 
Tenn. 

9 
3 



io 

9 

12 

6 
9 



5 
6 

7 
6 

36 



26 



_i7 
170 



George M. 
Dallas, Pa. 

9 
3 



10 

9 
12 

• • 

6 
9 



5 
6 

7 
6 

• • 

36 



26 



17 
170 



Whig. 



Henry Clay, Theodore Fre- 
Ky. linghuysen, N, Y. 



12 

• • 

8 
12 



I 
23 



105 



II 

23 



13 
6 



105 



* The popular vote was: Polk, 1,337,243 — fifteen States; Clay, 1,299,068— 
eleven States ; Birney, 62,300. » 



390 POLITICAL HISTORY. 

THE CABINET. 

Secretary of State James Buchanan, Pa. 

Secretary of Treasury Robert J. Walker, Miss. 

Secretary of War William L. Marcy, N. Y. 

Secretary of Navy George Bancroft, Mass. 

Attorney-General John Y, Mason, Va. 

Postmaster-General Cave Johnson, Tenn. 

PRESIDENTS MESSAGE.— The Message to Congress 
dwelt largely on the Texas situation, and favored war with 
Mexico, especially if she infringed the treaty of 1839, as to in- 
demnity to American citizens. It referred also to the Oregon 
boundary, showed the public debt to be ^^ 17,000,000, condemned 
all slavery agitation., favored a Sub-Treasury system, and recom- 
mended a Tariff for revenue, with protection to home industry 
as an incident. He applied the Jackson policy of rotation in 
office in the construction of his Cabinet, and in the Depart- 
ments. 

TWENTY-NINTH CONGRESS— First Session.— Met Dec. 
I, 1845. Both branches were Democratic. House organized by 
electing John W. Davis, Dem., Indiana, Speaker, the vote being 
120 to 70, though the full Democratic strength was 142, Whig 
75, and American 6.* The relative strength in the Senate was 
30 Democrat and 25 Whig. 

MEXICAN WAR. — A popular convention in Texas had ac- 
cepted the overture for annexation made by the United States. 
Mexico protested and withdrew her minister to Washington. 
General Taylor had been sent to the east bank of the Neuces, 
into neutral territory, and on Dec. 31, 1845, Congress passed an 
act extending authority over this territory lying between the 
Neuces and Rio Grande. None of these acts provoked Mexico 
to war. She was still in negotiable mood. Even before this, 
Dec. 29, 1845, Texas had passed into the American Union. The 
President ordered General Taylor (March, 1 846) to march to the 
Rio Grande and hold the neutral ground. He did so, and was 
met by Arista, at Palo Alto, where a battle was fought. The 
next day was fought Resaca de la Palma, which sent Arista back 

* This was the first appearance of the American party in National politics Four 
of tl»e above six were from New York, and two from Pennsylvania. 




PRESIDENTS FROM 1841 TO 1853. 



391 



392 POLITICAL HISTORY OF 

into Mexican territory. Now American blood had been shed 
on American soil, and Mexico was an offender. A casus belli 
had been found. The President sent a Message to Congress 
and asked for a Declaration of War. The House responded 
with a " declaration " and ;^ 1 0,000,000 to back it up, the Whigs 
favoring it under protest, and on the ground that an American 
army must not be sacrificed, even if forced into peril or a 
doubtful cause by the folly of a President* 

WILMOT PROVISO.— VJ'ith. the expectation that the war 
would soon be over and that an important cession of territory 
could be had, the President asked Congress for an appropriation 
of ;^2, 000,000 to be placed at his disposal to negotiate with. To 
this appropriation, Mr. Wilmot, Pa., on behalf of himself and 
many Northern Democratic friends, moved what became historic 
as " The Wilmot Proviso," to wit, " That no part of the territory 
thus acquired should be open to the introduction of slavery." 
In strict law the proviso was unnecessary, for Mexico had abol- 
ished slavery, and any soil acquired from her would be free soil. 
But Texas had reintroduced slavery before annexation to the 
United States, and Wilmot felt that any other territory acquired 
from Mexico would be overrun by slaveholders, who would soon 
be clamoring for the protection of their institution. And this he 
felt, too, in the face of the new Democratic doctrine " that no 
power resided in Congress to legislate upon slavery in the Ter- 
ritories." This proviso brought heated discussion of the slave 
question. Calhoun declared it to be an outrage and menace. 
It occupied a place in Congress for two sessions. State Legis- 
latures acted on it. Parties took it up. From that time on it 

* The Whigs denounced as a falsehood the declaration, " Whereas, by the act of 
the Republic of Mexico a state of war exists between that government and the United 
States." The Lil)erty party opposed the war outright, regarding it as a huge, unjus- 
tifiable scheme to acquire slave territory. Calhoun opposed it also, as needless. He 
felt that the same results could have been brought about with less excitement and 
loss, and consequently with less detriment to the slave cause, by negotiation. It 
was said that the President, who had been approached by many members of his own 
party who were averse to the war, secured their support by the promise that it would 
be over in a short time and that negotiations for peace had been agreed upon before 
the war, which only awaited the return of Santa Anna from exile to be signed. 



THE UNITED STATES. S^?) 

was nothing new to hear of civil war and a dissolution of the 
Union on account of it. How well Wilmot guessed may be 
inferred from the subsequent action of Calhoun (Feb. 19, 1847), 
when he introduced into the Senate his celebrated Slavery Reso- 
lutions, declaring the Territories to be the common property of 
the several States, and denying the right of Congress to prohibit 
slavery in a Territory or to pass any law which would have the 
effect to deprive the citizen of any slave State from migrating 
with his property (slaves) into such Territory. Though these 
resolutions were not acted on, they answered the purpose in- 
tended, to wit, to form a basis on which the slave could solidify 
against the free States ; on which a repeal of the Missouri Com- 
promise line could be effected, and on which the subsequent 
claim of non-interference with slavery in the Territories could 
be founded. 

THE OREGON BOUNDARY.— Th^ last Democratic plat- 
form had pronounced in favor of an Oregon Territory up to the 
line of 54° 40', " or a fight " with England. The Whigs, now 
that Texas had been annexed, asked for a fulfilment of their 
pledges.* The Democrats of the extreme Southern school op- 
posed any action, but enough of them came to the support of the 
President to warrant him in going on with negotiations. He 
soon found that he could not keep his party pledges of 54° 40', 
for England refused to surrender above 49°. f The opinion of 
the Senate was asked, in accordance with an old Federal custom. 
The Whigs accepted the responsibility, joined with enough Dem- 
ocrats to save the administration from its party friends, and agreed 
to sanction a treaty based on 49°. This became the Oregon 
Treaty of June 15, 1846, by which war with England was averted. 
It was followed by a bill to organize The Territory of Oregon, 
without slavery. It was opposed by Southern Democrats, but 
passed, and was not reached in the Senate. 

TARIFF OF 1 846. J — This disappointing act, passed in a 

* For a full statement of this boundary trouble, see Oregon Treaty, p. 107. 
■}■ Calhoun, when Secretary of State, had proposed 49° as a line upon which an 
adjustment might be had. In this he was at odds with his party. 

% " The bill passed the House and came to the Senate. Section was again arrayed 



394 POLITICAL HISTORY OF 

partisan spirit, against the promises of the Democrats not to 
disturb the act of 1842, and in obedience to the doctrine of rigid 
interpretation, which admitted of Tariff for revenue without the 
incident of protection, reduced the rates provided in the former 
act, from five to twenty per cent., and introduced the theory of 
general ad valorem duties. The river , and harbor improvement 
bills, passed by both Houses, were vetoed, on the old rigid con- 
struction ground that the government had no right to appro- 
priate money for internal improvements. Congress adjourned, 
Aug. 10, 1846. 

TWENTY-NINTH CONGRESS— Second Session.— Met 
Dec. 7, 1846. Mexican war measures occupied the time of this 
session. Appropriations were made to sustain the war, and pur- 
chase territory. Over the latter a spirited debate was had, which 
resulted in its passage in the House with the Wilmot proviso 
attached, and its passage in the Senate with the proviso removed. 
The House then acquiesced in the Senate's position. Ineffectual 
attempts were made to formally extend the Missouri Compromise 
line to the Pacific, to organize Oregon Territory, without slavery, 
and to appropriate money for Internal Improvement. All these 
measures showed a sectional vote. The Improvement bills 
passed, but received a pocket veto. Congress adjourned sine 
die, March 3, 1847. 

THIRTIETH CONGRESS— ¥irst Session.— Met Dec. 6, 
1847. The Whigs were in a majority in the House, and organ- 
ized it by electing Robert C. Winthrop, Mass., Speaker. The 
Democrats controlled the Senate. The President's message ex- 
tolled the working of the new Sub-Treasury system, spoke of 

against section in the debate, and before the vote w^as taken it was found that the 
Senate was a tie, and -that the Vice-President would have the casting vote. George 
M. Dallas, a Pennsylvanian, could defeat or pass the bill. He had the presidential 
bee in his bonnet as bad as any man I ever knew, and, hoping that he could gain 
the favor of the South in aid of his aspirations, he gave the casting vote against the 
section of his nativity, and the tariff bill of '46 became a law. As I anticipated, it 
put out the fire in our furnaces, paralyzed many of our best industries, and, finally, 
brought the credit of the Government to a discount. It also had a disastrous effect 
upon the dominant party, and cost them the presidency in 1848, when General 
Taylor was chosen."— ,^<?«. Simon Cameron, in Press. 



THE UNITED STATES. 395 

the continued success of the Mexican war, and stated that nego- 
tiations for peace were then pending. These negotiations re- 
sulted in the treaty of Guadaloupe-Hidalgo (Feb., 1848), which 
made the Rio Grande the boundary and gave New Mexico and 
Upper CaUfornia to the United States for ;^ 1 5 ,000,000, This 
immense acquisition of territory brought up the slavery question 
again, and during the debates on the erection of Oregon Ter- 
ritory without slavery, and the proposition to extend the Mis- 
souri Compromise line to the Pacific, Calhoun took occasion to 
say, " The great strife between the North and South is ended. 
The North is determined to exclude the property of slaveholders, 
and of course slaveholders themselves, from its territory. The 
separation of the North and South is completed. The South is 
bound to show that dearly as she prizes the Union, there are 
questions she regards as of more importance than the Union. 
It is not a question of territorial government, but a question 
involving the continuance of the Union." 

A compromise bill passed the Senate, organizing Oregon, 
California and New Mexico, leaving slavery questions to be de- 
cided by the Supreme Court. The House rejected this, and 
sent the Senate the Oregon bill above mentioned. The Senate 
accepted this, but amended it so as to extend the Missouri Com- 
promise line to the Pacific. The House regarded this as danger- 
ous, since it would cut the country into two distinct sections 
with different, if not hostile, institutions, and would, moreover, 
be equivalent to extending slavery to vast free areas, the Mex- 
ican territory being all free under Mexican laws. It therefore 
refused to extend the line. The Senate receded, and the Oregon 
bill passed, without slavery. The vital question in all these de- 
bates was the right of Congress to legislate on slavery in the 
Territories, a question which was pushed in many ways till it 
culminated in the Kansas-Nebraska affair, the Dred Scott de- 
cision, and the desperate step of secession. The House took 
decided ground in favor of Internal Improvement by a resolution 
aimed at the rigid interpreters, claiming that the government had 
a right to improve rivers and harbors, under the clause to regu- 
late commerce and provide for the common defense. Wisconsin 



396 POLITICAL HISTORY. 

entered the Union, May 29, 1848. Congress adjourned, Aug. 
14, 1848. 

ELECTION OF 1848.— The Democrats took the field first 
in National Convention at Baltimore, May 22, 1848. The two- 
third rule, which defeated Van Buren in the previous conven- 
tion, was affirmed, and has since prevailed in the conventions of 
that party. Lewis Cass, Mich., was nominated for President, 
and William O. Butler, Ky., for Vice-President. A great con- 
tention arose over the power of the government to regulate 
slavery in the Territories, and a test resolution to the effect that 
the Congress had no power to interfere with slavery either in 
the States or Territories was voted down. The platform affirmed 
that of 1844, and went on to (i) congratulate the country on the 
results of the Mexican war ; (2) commended the qualified veto ; 
(3) denounced a Tariff, except for revenue, and hailed " the noble 
impulse given to the cause of free trade by the repeal of the 
tariff of 1842 and the creation of the more equal, honest and 
productive tariff of 1846;" (4) congratulated the Republic of 
France; (5) endorsed Polk's administration. 

The Whig National Convention met at Philadelphia, June 7, 
1848, and nominated General Zachary Taylor, La., for President, 
and Millard Fillmore, N. Y., for Vice-President. Taylor's recent 
military achievements in Mexico gave him the preference over 
such other candidates as Clay, Webster and Scott. Test resolu- 
tions favoring the Wilmot Proviso were voted down. The 
Whigs were no more ready for open commitment to anti-slavery 
than the Democrats had shown themselves, in their convention, 
to be ready for op^n commitment to a pro-slavery policy. The 
convention did not adopt a platform, but resolutions passed at a 
grand ratification meeting, on the 9th of June, answered the 
same purpose. They were mainly lieroic, inviting the country 
to a trial of well-known Whig principles under the laurel- 
crowned chieftain whose name was held in such high honor by 
every American. 

The Free Soil Democrats met in convention at Buffalo, Aug. 9, 
1848, and nominated for President Martin Van Buren, N. Y.,and 
for Vice-President Charles Francis Adams, Mass. This faction 




LEWIS CASS. 




CHAS. FRANCIS ADAMS. 



397 



398 POLITICAL HISTORY OF 

of Democrats, called " Barnburners " by their opponents, had sent 
a delegation to the Baltimore convention, pledged to oppose the 
further extension of slavery in the Territories. A counter dele- 
gation, called " Hunkers," also sent a delegation pledged to non- 
agitation of the slavery question. The convention sheared each 
of its strength by dividing the vote between them. This being 
equivalent to no vote at all, the Free Soilers withdrew and set 
up candidates of their own. They promulgated a lengthy plat- 
form which sought (i) to secure free soil to a free people; (2) 
withheld support from both the regular parties because one (the 
Democratic) had stifled free sentiment, and the other (Whig) had 
been afraid to pronounce itself; (3) affirming the ordinance of 
1787, and the proviso of Jefferson that -after 1800 no slavery 
should exist in the Territories ; (4) that slavery exists only by 
State law and that " Congress has no more power to make a 
slave than to make a king ; " (5) that the only way to prevent 
slavery in territory now free is to prevent it in all territory ; (6) 
favoring Internal Improvement ; (7) Watchword, " Free Soil, 
Free Speech, Free Labor, Free Men." 

The campaign was not a bitter one, except as the Democrats 
made it bitter among themselves. The effort to establish slavery 
in the newly-acquired Mexican territory, and to push the slavery 
question so as to commit the government either to non-inter- 
ference with it or to direct sanction of it in all territory, estranged 
many Democrats. The Southern Democrats themselves were 
not a unit, for many of them preferred Taylor, from a slave 
State and without a platform, to Cass, from a free State and with 
a platform which did not directly favor or mention slavery. The 
old Liberty party blended with the Free Soil party. As in the 
former campaign. New York was the political turning-point. 
And as the Liberty party, by dividing the Whigs, had given it to 
Polk in 1844, so now the Free Soilers, by weakening the Demo- 
crats, gave it to the Whigs. The election in November was a 
Whig victory. 

THIRTIETH CONGRESS— Second Session.— Met Dec. 4, 
1848. Parties were very fidgety during this session. In view of 
the prominence given to slavery agitation, the old party lines 



THE UNITED STATES. 399 

began to chafe considerably. Thus the Northern Democrats, 
almost in a body, voted in the House to organize the Territories 
of California and New Mexico without slavery, or, as it was 
then termed, with the Wilmot Proviso. This the Senate amended 
by providing for their organization with slavery. The Senate at- 
tempted to force its position by making the bill a part of the 
appropriation bill, thus presenting to the House the alternative 
of a moneyless government or two slave Territories. The re- 
sponse was an appropriation bill and the old Mexican free laws 
till July 4, 1850. The Senate withdrew its "rider," and the 
appropriation bill passed. A violent debate sprung up in the 
House over a resolution condemning the exhibition and sale of 
slaves in the city of Washington. The electoral count in Feb- 
ruary showed for Taylor and Fillmore 163 votes, and for Cass 
and Butler 127 votes. Congress adjourned sine die, March 3, 
1849. The candidates-elect were sworn into office March 5, 
1849, the 4th being Sunday. 

XVI. 
TAYLOR'S AND FILLMORE'S ADMINISTRATIONS. 

March 5, 1849 — March 3, 1853. 

Zachary Taylor, La., President. Millard Fillmore, N. Y., 

Vice-President. 

Congresses. Sessions. 

Thirty-first Congress. / '' December 3, 1849-September 30, 1850. 

\ 2, December 2, 1850-March 3, 185 1. 

Thirty-second Concrfss / ^' December i, 1851-August 31, 1852. 
IHIRTY second (.ongress. j ^^ December 6, 1852-March 3, 1853. 

ELECTORAL VOTE.'' 

Whig. Democrat. 

Basis of Z2s:\\.2crj Tay- Millard Fill- Lewis Cass, W.O.But- 

States. 70,680. Vote. lor, La. more, N. Y. Mich. ler, Ky. 

Alabama 7 9 .. .. 9 9 

Arkansas I 3 .. .. 3 3 

Connecticut 4 6 6 6 

Delaware I 3 3 3 

* The popular vote was: Taylor, 1,360,101 — 15 States; Cass, 1,220,544 — 15 
States; Van Buren, 291,263. 



400 



POLITICAL HISTORY OF 



Electoral Vote — Continued. 



Basis of 

States. 70,680. Vote, 

Morida i 3 

Georgia 8 10 

Illinois 7 9 

Indiana lO 12 

Iowa 2 4 

Kentucky 10 12 

Louisiana 4 6 

Maine 7 9 

Maryland 6 8 

Massachusetts 10 12 

Michigan 3 5 

M ississippi 4 6 

Missouri 5 7 

New Hampshire 4 6 

New Jersey 5 7 

New York 34 36 

North Carolina 9 1 1 

Ohio 21 23 

Pennsylvania 24 26 

Rhode Island 2 4 

South Carolina.. 7 9 

Tennessee il 13 

Texas 2 4 

Vermont , . . . 4 6 

Virginia .. 15 17 

"Wisconsin 2 4 

Totals 230 290 

THE CABINET. 



Whig. 



Democrat. 



Zachary Tay- Millard Fill- Lewis Cass, W.O.But- 



lor. La, 

3 
10 



12 
6 



8 
12 



7 

36 
II 

'26 
4 

13 
6 



more, N. Y. 

3 
10 



12 
6 

• • 

S 

12 



7 

36 
II 

26 
4 

13 
6 



Mich. ler, Ky. 



9 
12 

4 



23 



163 



163 



17 

4 

127 



9 
12 

4 



23 



17 

4 

127 



Secretary of State John M. Clayton, Del. 

Secretary of Treasury William M. Meredith, Pa. 

Secretary of War Geo. W\ Crawford, Ga. 

Secretary of Navy William B. Preston, Va. 

Secretary of Interior Thomas H. Ewing, Ohio.* 

Attorney-General Reverdy Johnson, Md. 

Postmaster- General Jacob Collamer, Vt. 

THIRTY-FIRST CONGRESS— Yirst Session.— Met Dec. 
3, 1849. The Senate was Democratic, 35 to 25. In the House 
were no Democrats, 105 Whigs and 9 Free Soilers. The latter 
held a balance of power, and stubbornly exercised it through 
sixty-two ineffectual ballots for Speaker. Only by agreeing that 
the highest number of votes for any one candidate should elect, 
was a Speaker chosen in the person of Howell Cobb, Ga., a 
Democrat of the extreme Southern school, and a slavery exten- 



* This " Home Department," since called " the Interior Department," was created 
by the Thirtieth Congress. 



THE UNITED STATES. 401 

sionist. The annual message deprecated the sectional feeling 
regarding slavery, spoke of the folly of disunion as a remedy, 
and took the Jackson stand, that at all hazards the Union must 
be maintained. 

CALHOUN'S NEW DOCTRINE.-^ThQ postponed ques- 
tion of the extension of the Missouri Compromise line to the 
Pacific came up early. Calhoun, always aggressive and masterly, 
proposed to cover the whole question by extending the Constitu- 
tion of the United States to all the newly-acquired Mexican 
Territory.* Webster met this situation by showing that the 
Constitution was designed only for States, and that it could not 
operate even in the States without an act of Congress to enforce 
it. Further, that the sanction which that instrument gave to 
slavery where it existed would not create slavery where it did 
not exist, for slavery was a creation of the several States and not 
of the general government. While Calhoun's proposition was 
under debate the President's views were presented. They favored 
the admission of California directly,t as she was ready, and the 
erection of New Mexico and Utah into Territories, unmixed with 
slavery, leaving the matter to be decided by their people when 
they asked for admission as States. 

COMPROMISE OF 1850.— Clay now came forward with a 
set of compromise measures, which in one shape or another 
were adopted during the session, and in the aggregate became 
known as the Compromise of 1850. They, in general, provided 
for the admission of California ; for the erection of New Mexico 
and Utah Territories, unmixed with slavery, the same to be de- 
cided by the people when they came to form States; the adjust- 
ment of the Texas boundary and the payment of a money in- 
demnity to that State; a more vigorous fugitive slave law; the 
abolition of the slave trade, but no interference with it in the 
District of Columbia. The Whigs and Free Soilers regarded 
Clay's Compromise as a weak and unnecessary concession of 

* Calhoun's idea was that inasmuch as the Constitution sanctioned slavery, its ex- 
tension over any territory would establish slavery there. 

f California had formed a State Constitution without slavery, June 3, 1849, and 
had made formal application for admission as a State, Feb. 13, 1850. 
26 



402 POLITICAL HISTORY OF 

free soil principles, and the extreme pro-slayery Democrats re- 
garded it as a surrender of the late doctrine that Congress had 
no right to prohibit a slaveholder from going where he pleased 
in the Territories and taking his property with him. The meas- 
ures therefore satisfied but few of the leaders, yet they served the 
purpose of temporarily postponing the agitation and perhaps 
averting, for the time, secession and civil war, threats of which, 
on the part of the South, were rife. California became a State, 
without slavery, Sept. 9, 1850.* The Fugitive Slave Law, the 
result of the Compromise, was a severe measure, much more so 
than the old one. It greatly encouraged the pursuit of fugitives, 
made it compulsory on all citizens to aid in their arrest, and 
compelled U. S. Commissioners to remand them without trial. 
Its execution led to indignant protest on the part of Northern 
citizens and to the protection of free negroes, charged with being 
slaves, by special State enactments. That part of the Compromise 
prohibiting interference with slavery in the District of Columbia 
was not accepted, and slavery was abolished therein by act of 
Sept. 15, 1850. The Congress adjourned, Sept. 30, 1850. 

TAYLORS DEATH.— AktY an illness of four days, due to 
exposure in the sun on Independence day. President Taylor died, 
July 9, 1850. Vice-President Fillmore was duly inaugurated, 
July 10, 1850. His Cabinet was confirmed by the Senate, as 
follows : 

Secretary of State, Daniel Webster, Mass. ; Secretary of 
Treasury, Thomas Corwin, Ohio ; Secretary of War, Winfield 
Scott, ad mtenniy and Charles M. Conrad, La., permanently; 
Secretary of Navy, William A. Graham, N. C. ; Secretary of In- 

* The political importance of California to the South was great. Long before, 
the free States preponderated in the House. But the Senate thus far was equally 
divided between North and South. California turned the scale. Her admission 
as a free State gave 32 free State Senators to 30 slave State Senators, and there was 
no other State ready for admission south of 36° 30', nor likely to be for a long time. 
Besides California was the first fruit of the Mexican conquest, and the policy which 
controlled her admission was likely to hold as to the remainder of the Mexican Ter- 
ritory. It was a disappointing situation for the pro-slavery leaders, and the begin- 
ning of that policy which sought to break down all old barriers and compromises, 
invited the Kansas difficulty, and formed a prelude to a separate Confederacy. 



THE UNITED STATES. 403 

terior, A. H. H. Stuart, Va. ; Attorney-General, John J. Critten- 
den, Ky. ; Postmaster-General, Nathan K. Hall, N. Y. 

POLITICAL SITUATION.— \Mhi\Q this sad transition was 
a peaceful one, and boded no disaster to the dominant party as 
did that from Harrison to Tyler, there were many things going 
on, more or less portentous. In the session of Congress just 
adjourned (First session Thirty-first Congress) the slavery meas- 
ures of the extreme Southern Democrats had been even more 
opposed by Northern Democrats than by the Whigs. This was 
not only following up their charge that the pro-slavery element 
of the party had betrayed them in the previous Presidential cam- 
paign, but it showed a disposition to break away from the ultra 
doctrine of slavery extension to which the slaveholding mem- 
bers sought to commit the entire party. 

The Whigs had not, as was expected, committed themselves 
in their National Convention to the Wilmot proviso. They there- 
fore did not attract the members of the Liberty party, nor those 
of its successor, the Free Soil Democrats. On the contrary they 
lost many of their leaders to the pro-slavery Democrats. Thus 
while the Democratic party was being torn to pieces by losses of 
its Free Soil element, it was being recuperated by accessions of 
the pro-slavery Whig element. The Whigs losing, gained noth- 
ing, and their decay as a positive political force dates from the 
death of Taylor. 

We have seen how rapidly the pro-slavery whirlpool was 
made to revolve under the bold yet skillful management of 
Calhoun, and how at every revolution the country had to face 
some new situation, till, failing to force the line of 36° 30' 
through to the Pacific, thus making a free and slave section, it 
took the form of broad denial of the right of the government to 
interfere with slavery in any place, or at all. The accession of 
pro-slavery Whigs to the Democrats changed the aspect of affairs 
somewhat. It stopped, for the time being, the threats of seces- 
sion and war, and introduced a new, more conservative and 
popular idea, over which to wrangle. It will be remembered 
the Democrats, in their last National Convention at Baltimore, 
had voted down a resolution to the effect that the government 



404 POLITICAL HISTORY. 

had no authority over slavery in the Territories, the corollary 
being, that the people of each Territory should be let alone to 
treat the matter as they pleased. The pro-slavery Whigs now 
took hold of this doctrine and forced it on the attention of the 
Democrats and the country. It was the doctrine which after- 
wards became known as Popular, or Squatter, Sovereignty, 
which figured so prominently in the Kansas affair, and which 
served to draw Douglas, Geary, Reeder and other leaders outside 
of the then existing Democratic lines. It was the doctrine also 
which the hardy miners of California applied in their own State, 
to the surprise, if not disgust, of those who originated it. The 
pro-slavery sentiment which had thus proved a wedge to force 
asunder the Whig party, and had nothing more to fear from it as 
an organization, had to address itself to a more thorough con- 
trol of the Democratic party. But in the meantime there would 
be an advance of opposition sentiment, and a final gathering up 
of political fragments into something more formidable, as a 
political force, than had yet been dreamed of 

THIRTY-FIRST CONGRESS—Second Session.— Met Dec. 
2, 1850. The session was quiet and gloomy. The administra- 
tion had nothing new to urge, and parties agreed to hold their 
own in comparative peace. Adjourned sine die, March 3, 
1851. 

THIRTY-SECOND (f(9;\^6^i?^55— First Session.— Met Dec. 
I, 185 1. The Congressional elections had turned on the Com- 
promise measures of 1850, and the people endorsed them, as a 
happy quietus to slavery agitation, by returning a majority of 
Democrats of rather conservative turn. Both branches were, 
therefore. Democratic, the Senate by 8 and the House by 50. 
The House organized by electing Linn Boyd, Ky., Democrat, 
Speaker. The application of the Platte country (afterwards 
Nebraska and Kansas) for a Territorial government threatened 
for a time to open the slavery question, but the matter was 
dropped before debate took acrimonious turn. There was but 
little disposition shown on the part of the majority to antagonize 
the administration, and in general the session work was rou- 
tine. 




GENERAL WINFIELD SCOTT. 




JOHN P. HALE. 



405 



406 POLITICAL HISTORY OF 

ELECTION OF 1852.— The Democrats led the field in 
National Convention at Baltimore, June i, 1852. This was a 
supreme effort of the Southern or pro-slavery Democrats to 
commit the party to their doctrine of slavery extension, and to a 
rigid interpretation of the powers of the general government, 
the latter being then and afterwards best known as " State 
Rights " doctrine. The nominee for President was Franklin 
Pierce, N. H. ; and for Vice-President, William R. King, Ala. 
The platform reaffirmed the greater part of that of 1848, and 
added : (i) No more revenue than is necessary to defray the 
expenses of the government. (2) No National Bank. (3) Sep- 
aration of government moneys from banking. (4) The country 
is an asylum for the oppressed : therefore, no abridgment of 
citizenship and the right to own soil. (5) Congress has no right 
to interfere with or control the domestic institutions of the 
States. (6) Endorsement of the Compromise measures of 1850, 
and resistance to all attempts to renew the slavery agitation. 

(7) Adhesion to the Kentucky and Virginia resolutions of 1798. 

(8) The war with Mexico was necessary and its results approved. 

(9) No monopoly for the few at the expense of the many, and the 
Union as it is and should be. 

The Whigs met in National Convention at Baltimore, June 
16, 1852, and nominated for President, Winfield Scott, Va. ; for 
Vice-President, William A. Graham, N. C. The platform 
claimed: (i) A sufficient power in the government to sustain it 
and make it operative. (2) Revenue from tariff, with " suitable 
encouragement to American industry." (3) Internal Improve- 
ment. (4) Endorsed the Compromise measures of 1850, "the 
Fugitive Slave Law included." The platform was fair to the 
party — though extremely conservative — except the endorsement 
of the Compromise measures of 1850, " including the Fugitive 
Slave Law," which endorsement, as the sequel proved, was a part 
of the plan of the extreme pro-slavery leaders to commit both 
political parties to their policy of slavery extension, and which 
reacted on the Whig party with twice the effect it did on the 
Democratic party, so soon as the nature of those Compromise 
measures became fully known. 



THE UNITED STATES. 407 

The Free Soil Democrats held their National Convention at 
Pittsburg, Pa., August ii, 1852, and nominated for President, 
John P. Hale, N. H.; for Vice-President, George W. Julian, Ind. 
Its platform announced : (i) That government was established to 
secure the inalienable rights of life, liberty and the pursuit of 
happiness. (2) That the Constitution expressly denies to the 
general government all power to deprive any person of life, 
liberty or property without due process of law ; that, therefore, it 
has no more power to make a slave than a king, or to establish 
slavery than establish a monarchy. (3) No more slave States, 
no slave Territory, no national slavery, no national legislation for 
the extradition of slaves. (4) The Fugitive Slave Law of 1850 
denounced as repugnant to the Constitution, common law, Chris- 
tianity, and of no binding force. (5) The Compromise measures 
of 1850 disapproved. (6) Both political parties repudiated. 

The election in November resulted in a Democratic victory, 
the Whigs carrying only Massachusetts, Vermont, Kentucky 
and Tennessee, though the result in most of the others was very 
close. 

THIRTY-SECOND CONGRESS— Second Session. — Met 
Dec. 6, 1852. The bill for the organization of the Territory of 
the Platte, rejected at the last session, came up in the shape of a 
bill to organize the Territory of Nebraska, which included 
Kansas. It was rejected by the Senate, at the instance of 
Southern members, the time not being ripe for open assumption 
of the position to which the XTompromise measures of 1850 
logically led. The electoral count, in February, showed 254 
votes for Pierce and King, and 42 for Scott and Graham. Con- 
gress adjourned sine die, March 3, 1853. President Pierce was 
sworn into office, March 4, 1853, and Vice-President King 
some time afterwards, he being sick on March 4. 



408 



POLITICAL HISTORY OF 



XVII. 
PIERCE'S ADMINISTRATION. 

March 4, 1853— March 3, 1857. 
Franklin Pierce, N. H., President. William R. King, Ala., 



Vice-President. 



Congresses. 
Thirty-third Congress. 

Thirty-fourth Congress. 



Sessions. 



( I, December 5, 1853-August 7, 1854. 
12," 



December 4, 1854-March 3, 1855. 

1, December 5, 1855-August 18, 1856. 

2, August 21, 1856-August 30, 1856, extra session. 

3, December i, 1856-March 3, 1857. 



ELECTORAL VOTE.^ 



Basis of 
States. 93.423 

Alabama 7 

Arkansas 2 

California 2 

Connecticut 4 

Delaware i 

Florida I 

Georgia 8 

Illinois 9 

Indiana ll 

Iowa 2 

Kentucky 10 

Louisiana 4 

Maine 6 

Maiyland 6 

Massachusetts Il 

Michigan 4 

Mississippi 5 

Missouri 7 

New Hampshire 3 

New Jersey 5 

New York 33 

North Carolina 8 

Ohio 21 

Pennsylvania 25 

Rhode Island 2 

South Carolina 6 

Tennessee 10 

Texas 2 

Vermont 3 

Virginia 13 

Wisconsin 3 

Total 234 

*The popular vote was, Pierce, 1,601,474—27 States; Scott, 1,386,578—4 States? 
Hale, 156,149. 





Democrats. 


Whigs. 




Franklin 


William R, 


Winfield William A. 




Pierce, 


King, 


Scott, Graham, 


Votes. 


N.H. 


Ala. 


Va. N. C. 


9 


9 


9 


* • • • 


4 


4 


4 


• • • • 


4 


4 


4 


• • • • 


6 


6 


6 


• • • • 


3 


3 


2 


• • • • 


3 


3 


3 


.. 


10 


10 


10 


• • • • 


II 


II 


II 


• • • • 


13 


13 


13 


• « • • 


4 


4 


4 


. . 


12 


• • 


, , 


12 12 


6 


6 


6 


• • • * 


8 


8 


8 


• • • • 


8 


8 


8 


• • • • 


13 


• • 


• • 


13 13 


6 


6 


6 


• • • • 


7 


7 


7 


• • • • 


9 


9 


9 


• • • « 


5 


5 


5 


• « •-« 


7 


7 


7 


• • • • 


35 


35 


35 


• • • • 


'°» 


10 


10 


• • • • 


23' 


23 


23 


* • • • 


27 


27 


27 


• • • • 


4 


4 


4 


• • • • 


8 


8 


8 


... .. 


12 


• • 


• • 


12 12 


4 


4 


4 


• « • . 


5 


• • 




5 5 


15 


IS 


15 


. . 


5 


5 


5 


.. 


296 


254 


254 


42 42 



THE UNITED STATES. 409 

THE CABINET. 

Secretary of State William L. Marcy, N. Y. 

Secretary ot Treasury James Guthrie, Ky. 

Secretary of War Jefferson Davis, Miss. 

Secretary of Navy James C. Dobbin, N. C. 

Secretary of Interior Robert McLelland, Mich. 

Attorney-General Caleb Gushing, Mass. 

Postmaster-General James Campbell, Pa. 

POLITICAL SITUATION. — ThQ administration opened 
with surface indications of peace. The country had ratified the 
Compromise measures of 1850, on the theory that they afforded 
an escape from slavery agitation, but without knowing that they 
were fuller of the germs of agitation than any measures yet 
propounded. Both parties had been committed to them in their 
platforms, at the instance of their pro-slavery members ; they 
therefore stood committed to the logical results of those 
measures, or else to demoralizing retreat. The discovery of 
what they contained appalled the Whigs. They never recovered 
from the shock, lost their organization, never ran another Presi- 
dential Candidate. They literally died of too much Compro- 
mise, or, as was piquantly said at the time, "of an attempt to 
swallow the Fugitive Slave law." President Pierce in his first 
message thoroughly committed the administration to the Com- 
promise measures. The pro-slavery Democrats were therefore 
in a very enviable situation. They could force their construction 
of the situation with the hands of the Whig party tied, and with 
the assurance that the Democratic organization was firmly with 
them. 

THIRTY-THIRD CONGRESS— First Session.— Met Dec. 5, 
1853. The Democrats had a majority in the House, over all 
opposition, of 74, and in the Senate of 14. The House organized 
by re-electing Linn Boyd, Ky., Speaker. Discussion of th^ 
Kansas-Nebraska bill occupied the greater part of the session, 
It opened the slavery agitation in a new form, and it was not to 
cease till quieted by arms. The Nebraska bill of the previous 
sessions took the form of a bill to create two Territories out of 
the Platte country, the Territories of Kansas and Nebraska. 
Both lay north of 36° 30^ the Missouri Compromise line of 1820; 
and therefore both were free Territories according to the provi" 



410 POLITICAL HISTORY. 

sions of that Compromise. But the new pro-slavery doctrine — 
new since the Compromise measures of 1850 — was, that these 
measures of 1850 invalidated those of 1820, and committed the 
government to non-interference with slavery in the Territories. 
Therefore the slavery question was an open one as to all terri- 
tory, with no right on the part of Congress to legislate for or 
against it. 

The Senate Bill (Kansas and Nebraska), under the amendment 
of Mr. Douglas, therefore provided, " that so much of the 
Compromise bill of 1820 preventing slavery north of 36° 30', 
as was inconsistent with the Compromise of 1850 establishing 
non-intervention by Congress with slavery in either States or 
Territories, was inoperative and void, it being the true intent and 
meaning of this act not to legislate slavery into any Territory or 
State, nor to exclude it therefrom, but to leave the people thereof 
perfectly free to form and regulate their domestic institutions in 
their own way, subject only to the Constitution of the United 
States." 

This amendment is noteworthy. It admitted what the pro- 
slavery Democrats and Whigs already knew, that the Compro- 
mise measures of 1850, logically construed, repealed the Com- 
promise of 1820. It hampered them, however, for with the 
repeal of the Compromise of 1820 and their claim to go where 
they pleased with slave property, they had all the public terri- 
tory open to slavery. The Douglas idea was that introduced 
into the Democratic party by pro-slavery Whigs, to wit, the idea 
of squatter or popular sovereignty, a leaving of slavery to the 
Voice of the people of the Territory or proposed State. 

While the bill as thus amended was not what the South wanted, 
it secured the united support of pro-slavery Democrats and 
Whigs, but it divided the Northern Democrats into two even 
bodies (44 each), one of which supported it, and the other op- 
posed it. The Northern Whigs opposed it and the Free Soil 
Democracy. The Democratic breach soon closed, but the Whig 
breach widened, and the Northern wing left their name to be 
perpetuated for a little while by their Southern brethren, they in 
the meantime assuming the title of anti-Nebraska men, soon to 
be merged into Republican. 




STEPHEN A. DOUGLAS. 




WILLIAM L. MARCY. 



411 



412 POLITICAL HISTORY OF 

The passage of the bill, May 25, 1854, opened the eyes of 
the entire country to what was concealed in the apparently inno- 
cent Compromise measures of 1850, and transferred the scene 
of combat from Congress to the plains of the West, where it 
was carried on amid confusion and bloodshed for years. The 
squatter sovereignty idea placed the free and slave States on 
their merits as colonizers. The section that could send the 
greatest number of bona fide settlers into the new fields was 
bound to win in the end. Could the South, which had always 
out-manoeuvred the North in slave diplomacy, cope with that 
more populous section in this practical adjudication of the deli- 
cate question? Congress adjourned, August 7, 1854. 

THIRTY-THIRD CONGRESS— Second Session.— Met Dec 
4, 1854. The session resulted in no measure of political sig- 
nificance. Adjourned sine die, March 3, 1855. 

A NEW POLITICAL FORCE.— The Native American idea 
is almost as old as the country. In 1790 naturalization could 
be had after two years' residenee. In 1795 it required five years' 
residence. A great majority of foreigners, either Frenchmen 
direct or Irish and Scotch driven from home for sympathy with 
France, naturally affiliated with the Republican party, which was 
always ready for a war with England. This fact induced the 
Federal measure of 1798, extending the period for naturalization 
to fourteen years. In 1802 the Republicans, in order to rein- 
force their party, fixed the time at five years, where it has since 
stood. They were not disappointed, for this legal consultation 
of a tendency, backed by the encouragement it ever received 
in their declaration of principles, has always secured to them a 
majority of the foreign vote, especially in the cities. To coun- 
teract, or correct, this, an organized movement was begun in New 
York as early as 1835. In 1844 the Native Americans carried 
that city, electing their Mayor by a good majority. This success 
caused the movement to spread to adjoining States. It em- 
braced members of all parties, and became prominent in, local 
municipal contests. Its presence in Philadelphia resulted in the 
murderous riots of 1844. In 1852 it reappeared as a secret or- 
ganization, officially as the American party, but popularly as the 



THE UNITED STATES. 413 

" Know-Nothing " party, from the reticence of its members as to 
their principles. Of it Hon. A. H. H. Stuart, Va., said : " The 
vital principle of the American party is Americanism — develop- 
ing itself in a deep-rooted attachment to our own country — its 
Constitution, its union, its laws — to American men, American 
measures, American interests." Its cardinal principle was : 
"Americans must rule America ; " its countersign was the order 
of Washington at a critical time during the Revolution, " Put 
none but Americans on guard to-night." By holding a balance 
of power in many cities and States, its vote decided several im- 
portant elections, and as the extent of its influence could not be 
foreknown, political results were at times genuine surprises to 
party leaders. It received large accessions from the Whigs, es- 
pecially of the South, after the passage of the Kansas and Ne- 
braska bill, who could not go with their Northern brethren into 
the anti-Nebraska movement, nor yet with the Democrats into a 
pronounced pro-slavery movement. In 1855 it carried as many 
as nine State elections. It was therefore a power which had 
been startlingly felt in the Congressional elections of that year, 
and was to be still further felt in the session about to be held. 

THIRTY-FOURTH CONGRESS— ¥\x?>t Session.— Met Dec. 
3, 1855. In the Senate the Democrats had a majority of nine. 
In the House the magnificent Democratic majority of the pre- 
vious Congress had been wiped out and turned into one of anti- 
Nebraska men, of whom there were 117, as against 79 straight 
Democrats and 37 pro-slavery Whigs. Owing to the fact that 
many of the majority were Know-Nothings, a protracted contest 
arose over the speakership. A choice was not made till Febru- 
ary, 1856, when a resort was had to the method adopted by the 
Thirty-first Congress, that of a choice by the highest number of 
votes. N. P. Banks, Mass., was then chosen on the 131st bal- 
lot. He was a pronounced anti-Nebraska man, and therefore the 
majority were represented in the Speaker. This was the stormy 
beginning of one of the stormiest sessions ever held. 

KANSAS TROUBLE. — The Kansas question came up im- 
mediately and occupied the entire session. As we have seen 
the passage of the Kansas-Nebraska Act (1854), "^^th the 







NATHANIEL P. BANKS. 



414 



THE UNITED STATES. 415 

Squatter Sovereignty Amendment, threw open these Territories 
to competitive settlement by North and South, or by anti-slavery 
and pro-slavery men. The South had the advantage of prox- 
imity — Missouri being next to Kansas. The Missourians 
swarmed over the border and elected a congressional delegate, 
Nov. 29, 1854, who was accepted by the Congress. They 
did the same in 1855, and elected a Legislature, which met at 
Pawnee in July of that year, and enacted a State Constitution, 
strongly pro-slavery in its terms. 

The anti-slavery settlers were all this time pouring in through 
Iowa and Nebraska — they had been prohibited from passing 
through the State of Missouri — against the armed protest of the 
pro-slavery occupants — Border Ruffians as they were called — 
and the condition of the Territory was one of war, with but little 
doubt as to the result, for the anti-slavery settlers came to make 
investment and to stay, while the pro-slavery occupants clung 
less tenaciously to the soil, and wasted time and energy in the 
excitement which the new field furnished. The anti-slavery or 
free State settlers met in convention at Topeka, Sept. 5, 1855, 
and enacted a free State constitution. They denounced the ex- 
isting Legislature as not of Kansas, but the work of Missourians 
who had crossed the border to create it, elected a delegate to 
Congress, who was rejected, and on Jan. 15, 1856, elected State 
officers, and asked to be admitted as a State. Their work was 
rejected by Congress. 

The local conflict grew louder and more sanguinary. The 
President interfered, Jan. 24, 1856, by a message endorsing the 
pro-slavery Legislature, and, Feb. 11, 1856, by a proclamation 
denouncing the attempt to form a free State government as an 
act of rebellion. He ordered the governor of the Territory 
(Shannon) to enforce the laws of the pro-slavery Legislature 
with the United States troops. This only added to the excite- 
ment. The free State Legislature, which met at Topeka, July 4, 
1856, was broken up by United States troops, acting under the 
President's order. By this time a congressional committee, sent 
to the scene, reported that no free, fair election had ever been 
held in the Territory. On the strength of this, and in order to 



416 POLITICAL HISTORY. 

balk the efTort to force a government on the people without a 
fair expression of their sentiments as to whether it should be 
slave or free, the House refused to appropriate money for the 
army if it were to be used to sustain the pro-slavery Legislature 
of the Territory. 

It would be impossible to conceive of the excitement in both 
Houses over the question, and throughout the country. In the 
Senate Charles Sumner was knocked down and beaten (May 22, 
1856), by Representative Brooks, South Carolina, for a speech 
which criticised his relative. Senator Butler, South Carolina. 
Congress adjourned Aug. 18, 1856. 

THIRTY-FOURTH CONGRESS— -Extr^ Session.— Called 
Aug. 21, 1856. This session was called to meet the emergency 
occasioned by the adjournment of Aug. 18, without an appro- 
priation for the army. The House still insisted on its proviso 
that the army should not be used to force a pro-slavery govern- 
ment on the people of Kansas ; but a change of governors hav- 
ing been announced — Shannon was superseded by Geary* — it 
receded, and the army appropriation bill was passed. The 
extra session adjourned Aug. 30, 1856. 

ELECTION' OF 1856. — The Know-Nothing organization, 
which had been so successful in the State and local elections of 
1855, would now try its hand in national affairs as The American 
Party. It took the field first, and met in national convention, at 
Philadelphia, Feb. 22, 1856. There were 227 delegates present. 
All the States were represented except Maine, Vermont, Georgia, 
and South Carolina. Many of the delegates (probably a fourth) 
were not so much "Americans " as anti-slavery men. Millard 
Fillmore, New York, was nominated for President, and Andrew 
J. Donelson, Tennessee, for Vice-President. The platform an- 
nounced : (i) Perpetuation of the Union. (2) Preference of 
native-born citizens for office. (3) No office for any one who 
recognizes obligation to any foreign prince, potentate, or power. 
(4) Non-interference by Congress with questions belonging to 
individual States, nor by States with each other. (5) The right 

* Geary arrived Sept. 9, 1856, and succeeded in bringing about a suspension of 
local hostilities without directly using the United States forces. 




CHARLES SUMNER. 




'""'^^^f^mm. 



PRESTON S. BROOKS. 



27 



417 



418 POLITICAL HISTORY. 

of native-born and naturalized citizens of any Territory to frame 
their own constitution and laws, and regulate their social affairs 
in their own way. (6) A residence of twenty-one years as ne- 
cessary to naturalization. On account of the failure of the 
convention to recognize the right of Congress to re-establish 
the Missouri Compromise line, the anti-slavery delegates 
withdrew, and threw their strength to the coming Republican 
party. 

The Democratic Convention met at Cincinnati, June 2, 1856, 
and nominated James Buchanan, Pennsylvania, for President, and 
John C. Breckinridge, Kentucky, for Vice-President. The plat- 
form endorsed preceding ones, and added, (i) Opposition to 
Americanism. (2) No more revenue than is necessary to defray 
expenses. (3) No general system of Internal Improvement. (4) 
Strict construction of Federal powers, (5) No National Bank. 
(6) No interference with Slavery in the Territories, the people 
to have the right to settle that question for themselves (this was 
an endorsement of the Squatter Sovereignty idea). (7) Approval 
of the Kansas-Nebraska bill. 

REPUBLICAN PARTY. *— This new candidate for national 
favor received a name, said to have been suggested by Governor 
Seward, N. Y., in the latter part of 1855 or early part of 1856. 
It was a substitute for the *title of " Anti-Nebraska Men," then 
applied to those who had opposed the Kansas-Nebraska act, and 
who were, in general, opposed to slavery and its extension. It 
raised a standard around which could rally the old Liberty 
party, the Free Soil Democracy, the Anti-Slavery Whigs, and 
all who were finding it irksome to follow the Democratic party as 
it grew more rigid in its interpretation of the Constitution, in- 
clined more and more to make a political dogma of State Rights, 
and refused to separate its own existence from that of slavery in 
the State, and slavery extension in the Territory. 

The Republican party held its first National Convention at 
Philadelphia, June 17, 1856, and nominated John C. Fremont, 
Cal., for President, and William M.Dayton, N. J., for Vice- 

* Called the "Black Republican" party by its opponents, on account of its 
sympathy for the colored race. 




JOHN C. FREMONT. 




ROBERT J. WALKER. 



419 



420 ' POLITICAL HISTORY OF 

President. Its platform showed that its members were liberal 
interpreters of the Constitution. It announced : (i) That the Con- 
stitution, the rights of the States, and the Union of the States, 
shall be preserved. (2) " No person shall be deprived of life, 
liberty or property without due process of law," and denial of 
the authority of Congress, or of a Territorial Legislature, or of 
any association of individuals, to give legal existence to slavery 
in any Territory of the United States, under the present Con- 
stitution. (3) Congress, in the exercise of its Constitutional 
power over Territories, ought to prohibit '' those twin relics of 
barbarism, polygamy and slavery." (4) Denounced the Kansas 
policy of the administration, and all effort to set up a pro-slavery 
government there, in defiance of the will of the people. (5) The 
immediate admission of Kansas with her Free State Constitution. 
(6) Government aid for a Pacific Railroad. (7) A system of In- 
ternal Improvement. 

The Whigs, or what was left of them, met at Baltimore, Sept. 
17, 1856. They, in common with the Know-Nothings, de- 
nounced the Democratic and Republican parties as sectional, 
and then, without further endorsing or discussing the Know- 
Nothing principles, agreed to support Fillmore and Donelson, 
because they regarded the country as already in a state of civil 
war, and believed that their election would be the best means of 
restoring peace. The Whig name now disappears from the party 
lists. 

After an exciting campaign, involving a wide discussion of 
principles, the election in November showed I State (Maryland) 
for Fillmore; ii free States for Fremont; 14 slave States and 
the rest of the free (19 in all) States for Buchanan. 

THIRTY-FOURTH CONGRBSS—Second Session.— Met 
Dec. I, 1856. The result of the Presidential election had served 
to tighten party lines. The Anti-Nebraska Men (now Republi- 
cans) were numerically the strongest body (108) in the House, 
but could not command a majority as against the Democrats 
(83) and Americans (43) or Know-Nothings. The Senate stood 
40 Democrats; 15 Republicans; 5 Americans. 

THE KANSAS QUESTION.— ThQ dispersion of the Free 



THE UNITED STATES. 421 

State Legislature at Topeka, Jan. 6, 1857, by Federal" troops, 
and the arrest of its officers and many members, again brought 
the question prominently before Congress. The House passed 
a bill declaring the acts of the Pro-Slavery Legislature op- 
pressive and void, which the Senate tabled, A change of 
governors from Geary, who had lost caste with the Pro-Slavery 
Legislature, to Robert J. Walker, Miss., gave respite from dis- 
cussion for the time being. 

TARIFF OF 1857. — While this session showed a spirit of 
generosity in encouraging railroad enterprises in the West by 
grants of public lands, it struck the country a cruel blow on the 
very last day of the session (March 3) by enacting the tariff of 
1857. This measure reduced duties all along the line of imports, 
and on leading articles almost to such rates as were wont to 
prevail before the war of 1812, and had prevailed at no time 
since except at the end of the sliding scale (1841) provided by 
the act of 1833.* 

The electoral count in February showed 174 votes for Bu- 
chanan and Breckinridge ; 1 14 for Fremont and Dayton ; 8 for 
Fillmore and Donelson. Congress adjourned sine die, March 3, 
1857. The candidates elect were sworn into office, March 4, 
1857. 

XVIIL 

BUCHANAN'S ADMINISTRATION. 

March 4, 1857 — March 3, 1861. 

James Buchanan, Pa., President. John C. Breckinridge, Ky., 

Vice-President. 

Congresses. Sessions. 

Thirty-fifth Congress. { J; g^''™ber 6, iSsS-Mar'ch^'i^^g. 

_ „ f I, December 5, 1859 — June 25, i860. 

THIRTY-.SIXTH Congress. | ^^ December 3, 1860-March 3, 1861. 

* This year (1857) occurred a great financial panic, during which there were 5,123 
commercial failures. The administration was compelled to borrow money at a dis- 
count of 8 to 10 per cent. 



422 



POLITICAL HISTORY OF 



ELECTORAL VOTE^ 



Basis of 

States. 93>423. Vote, 

Alabama 7 9 

Arkansas 2 4 

California 2 4 

Connecticut 4 6 

Delaware i 3 

Florida I 3 

Georgia 8 10 

Illinois 9 II 

Indiana 11 13 

Iowa 2 4 

Kentucky lO 12 

Louisiana 4 6 

Maine 6 8 

Maryland 6 8 

Massachusetts il 13 

Michigan 4 6 

Mississippi 5 7 

Missouri 7 9 

New Hampshire.. .. 3 5 

New Jersey 5 7 

New York 33 35 

North Carolina.... 8 10 

Ohio 21 23 

Pennsylvania 25 27 

Rhode Island 2 4 

South Carolina .... 6 8 

Tennessee 10 12 

Texas 2 4 

Vermont 3 5 

Virginia 13 15 

Wisconsin 3 5 

Totals 234 296 



Democrat. 



Republican. 



American. 



James J. C. John C. Wm. L. Millard A. T. 
Buchanan, Breckm- Fremont, Dayton, Fillmore, Donelson, 



Pa. 

9 
4 
4 

• • 
3 
3 

io 

II 
13 

12 
6 



10 

27 

's 

12 

4 

IS 



ridge, Ky. 

9 

4 
4 

• • 

3 

3 
10 

II 
'3. 

12 
6 



Cal. 



N.J. 



N. Y. 



Tenn. 



10 
27 

*8 
12 

4 

15 



13 
6 



5 
35 



174 174 



__5 
114 



13 
6 



5 

• • 

35 

• • 



_5 
114 



THE CABINET, 

Secretary of State Lewis Cass, Mich. 

Secretary of Treasury Howell Cobb, Ga. 

Secretary of War John B. Floyd, Va. 

Secretary of Navy Isaac Toucey, Conn. 

Secretary of Interior Jacob Thompson, Miss. 

Attorney-General Jeremiah S. Black, Pa. 

Postmaster-General Aaron V. Brown. 



.Continued. 



POLITICAL SITUATION.— K glance at the electoral vote 
shows that the persistent effort of the pro-slavery leaders to 
unify the Democratic party in their interest had at last succeeded. 



* The popular vote was, Buchanan, 1,838,169 — 19 States; Fremont, 1,341,264— 
II States; Fillmore, 874,534 — I State. 



THE UNITED STATES. 423 

Buchanan's election was a triumph for the South. The large 
vote for the Republican nominee showed the possibilities of the 
new party. The popular vote of the country was largely against 
the Democrats. The American or Fillmore vote represented 
those who wished to ignore the Slavery question. As things 
were shaping they must swing to some positive position ere 
long. It but remained for the Republicans to take a firm stand 
on the Slavery question. The agitation was sure to go on, and 
that in a way which must weaken Democracy by schism, for the 
extreme Southern leaders were beginning to see that the " Squat- 
ter Sovereignty " idea was not one which would bring them 
slavery extension, but would in the end defeat their long cher- 
ished intentions. They found that they were not natural 
colonizers, and that to establish a plantation in Kansas, or any 
Territory, and stock it with slaves, was a very different thing 
from taking up a small tract by a free-footed young farmer, 
ambitious to plow, sow and reap for himself This was where 
** Squatter Sovereignty " was proving deadly. Not much wonder 
that when the extreme Southern Democrats saw their mistake — 
or rather repented of their commitment to it, for they never 
favored it except as a means, perhaps their only means then, 
of capturing the entire Democratic organization — they backed 
away from it, charged its recognized authors or expounders, 
Douglas and others, with weak, unfair, and even treacherous, 
dealing, and finally resorted to the plan of a separate con- 
federacy.* 

DRED SCOTT DECISION.— Th^ decision of the U. S. 



* Two other methods of adding to the diminishing political importance of the 
South had been broached. One was to reopen the African slave trade. This 
would provide a means of pouring into the Territories an unlimited stream of slave 
immigrants, and thus competing with the greater numbers and resources of the 
North. The other was to conquer and annex Cuba and Central America. This was 
the meaning of the Lopez filibustering expedition which started from New Orleans 
(1851) for Cuba. And so with the Walker filibustering expedition, from the same 
place (1855), which operated on Centi'al America. As encouragement to this idea 
of conquest and annexation, the Ostend Manifesto was proclaimed by our American 
ministers in England, France and Spain, citing that the safety of the United States 
required the acquisition of Cuba. 



424 POLITICAL HISTORY OF 

Supreme Court, delivered by Chief Justice Taney, March 6, 
1856, in the Dred Scott case, awakened intense interest, and be- 
gat feehngs of alarm thoughout the North. Its political effect 
was to bring the position of the extreme pro-slavery Democrats 
into bold relief When Calhoun, years before, asked that the 
Constitution be extended to the Territories, he had two lines of 
thought: (i) That the Constitution sanctioned slavery. (2) That 
its extension would extend slavery, for a slave was property as 
anything else material was property. As we have seen, he was 
driven from this ultra position, or rather his position became un- 
tenable, by reason of the growth of the '' Squatter Sovereignty " 
idea. But now the Supreme Court had come squarely to his 
position, and even gone beyond it* Notwithstanding the slave 
was by the Constitution and for purposes of representation three- 
fifths of a freeman, he became by the decision a chattel " without 
rights or privileges except such as those who held the power 
and the government might choose to grant him." The plaintiff, 
Dred Scott, was not even a plaintiff in court, but a mere thing 
without status, and his case was dismissed for want of jurisdic- 
tion. Further, the Compromise of 1820 was unconstitutional, 
and no act of Congress could be passed under the Constitution 

* As this important case was the last pro-slavery effort to sustain itself by form of 
law, and as the drift thenceforth is toward armed arbitrament, it is well to know 
its history. The case opened : 

Dred Scott C U. S. Circuit Court, Dist. Missouri. 

m. } To April T., 1854. 

John F. A. Sanford, ( Trespass Vi et armis. 
The plaintiff, Dred Scott, was an original slave of J. F. A. Sanford, of Missouri. 
His owner resided in Illinois, a free State, with him from 1834 to 1838. He further 
resided with him in Minnesota Territory, free soil also, as being north of 36° 30'', 
the Missouri Compromise line of 1820. He then removed back to Missouri with him. 
The slave there resisted a flogging by bringing suit for damages, on the plea that 
residence in Illinois and Minnesota had made him a free man. The defense was 
that a descendant of slave ancestors could never be free, was not a citizen, had no 
status in court. The plaintiff won in the District Court. An appea' brought it to 
the Supreme Court. The opinion of the Chief Justice was not unanimous, but dis- 
senting opinions were filed. At the time of the decision many of the free Slates 
had laws, and all were operating on the principle, to the effect that a slave leaving 
his slave State and entering a free one was no longer a slave, but free. For the 
opinions in full, see Howard's U- S. Supreme Court Reports, vol. 19, p. 393. 



THE L 25 

with a view to preventing a slaveholder from entering any State 
or Territory with his slave property any more than from enter- 
ing it with his goods and chattels of whatever description. 

The legal effect of the decision was not only to wipe out the 
Compromise measure of 1820, which had been done construc- 
tively by those of 1850, but to wipe out those of 1850 also, which 
had introduced the Squatter or Popular Sovereignty idea; that 
is, the idea of leaving the question of slavery to be decided by the 
people of the Territories when they came to form State Constitu- 
tions. It, in fine, opened all the Territories and all the free States, 
to the advent of slavery, no matter what their local laws might 
say on the subject. It nationalized the institution, by degrading 
the slave to the level of a horse, cow, plow or carriage, and over- 
rode every sentiment of humanity respecting him, as well as the 
old and well-established notion that as an institution slavery was 
a creature of State, or local, enactments. The decision was all too 
plainly a reflex of the extreme Southern sentiment to meet with 
sanction from the North, and as it destroyed the hope of Douglas 
and his now important Democratic following for a settlement of 
the question on the basis of Popular Sovereignty, they began to 
drift away from the regular party organization. 

THIRTY-FIFTH CONGRESS— Yix?>^ Session.— Met Dec. 
7, 1857. The Presidential election carried along with it a Demo- 
cratic majority in both branches of the Congress. The Senate 
stood 39 Democrats, 20 Republicans, 5 Americans ; the House 
131 Democrats, 92 Republicans, 14 Americans. The tone of the 
parties was different also. The Republicans were squarely across 
the way of the Democrats. The Democrats were emboldened 
by recent successes, and by the fact that the administration was 
heartily with them. This latter they had been assured of by 
the message, which was all they could have wished. On the 
absorbing question of slavery as presented by the Kansas diffi- 
culty, the President took the ground that the State ought to be 
admitted at once under the Lecompton Constitution,* which 
sanctioned slavery. 

* The pro-Slavery party had (1855) adopted the Pawnee Constitution, which was 
simply the Constitution of Missouri, with a criminal code added raising numerous 



426 POLITICAL HISTORY. 

The House organized by electing James L. Orr, S. C, Demo- 
crat, Speaker. A contest immediately arose over a bill, framed 
in accordance with the President's suggestion, to admit Kansas 
under the Lecompton Constitution. For three months the con- 
tention was bitter, abusive, and sectional. The Republicans took 
the ground that the Lecompton Convention, having been called 
to frame a Constitution and having done s6, the instrument must 
be ratified by the people before the State could ask for admission. 
In this they were supported by Douglas, Broderick, Adrian, 
Hickman, and other Democrats (called Anti-Lecompton Demo- 
crats), who saw their theory of popular sovereignty destroyed 
if the people were to be denied an opportunity to express their 
preferences for or against slavery in their Constitution, by direct 
vote on the instrument itself The Southern Democrats stood 
solid for the bill and the President's position, that the delegates 
having been called to make a Constitution, there vi^as no need 
of submitting it to the people. The bill passed the Senate. In 
the House it passed with the proviso that the Constitution should 
be first voted on by the people. A conference bill was finally 
agreed upon, which must be set down as an inexcusable, if not 
shameless, piece of legislation, inasmuch as it offered a bribe to 
the State to adopt the Lecompton Constitution. This bill ad- 
mitted the State with the House proviso, and the additional 
proviso that in case it adopted the Lecompton Constitution, it 
should have a large grant of public lands. To the credit of the 
Territory this did not have the desired effect, and on the sub- 
offences against slavery and imposing the death penalty. Not wishing to submit 
this to the people they called another Convention to meet at Lecompton to frame a 
Constitution. This was submitted to the people for ratification (December, 1857) by 
ballots printed " Constitution with Slavery," and " Constitution without Slavery." 
As this gave the voter who was opposed to other features of the instrument no 
opportunity to record his views, the Free State party refused to vote, and refused to 
consider it a submission of the instrument to popular verdict. They, therefore, 
through the Territorial Legislature, which body they had secured control of at a 
regular election in which both parties participated, ordered another election which 
would give the people an opportunity to vote for or against the Constitution, and 
not for or against a single clause in it. This was the election held in August, 1 858, 
which repudiated the Constitution by nearly 10,000 majority. 




THADDEUS STEVENS. 




WENDELL PHILLIPS. 



427 



428 . POLITICAL HISTORY OF 

mission of the Constitution to the people, Aug. 2, 1858, it was 
rejected by an overwhelming majority. Minnesota became a 
State in the Union, May 11, 1858. Congress adjourned, June 14, 
1858. 

THIRTY-FIFTH CONGRFSSS^coxv^. Session.— Met Dec. 
6, 1858. The session was barren of political results, though 
much discussion was had over slavery, the disposition of public 
lands among heads of families, afterwards known as the Home- 
stead policy, and the appropriation of public lands for school 
purposes. Oregon entered the Union, Feb. 14, 1859. Congress 
adjourned sine die, March 3, 1859. 

AN EXCITING 5ra/Jffii?.— The supreme topic was slavery, 
and Kansas was the pivot on which it turned. The rejection of 
the Lecompton Constitution with slavery gave opportunity for 
another convention, at Wyandot, July, 1859, which drafted the 
Wyandot Constitution without slavery. This was ratified by the 
people, by a majority of 4,000. It was the Constitution under 
which Kansas was afterwards admitted, Jan. 29, 1861. This 
verdict of the people of Kansas in favor of a free State showed 
that there was nothing in the popular sovereignty idea upon 
which slavery could rely. 

The affair of John Brown at Harper's Ferry, Oct. 17, 1859, 
shocked sentiment both North and South. The audacity of his 
effort to stir up a slave insurrection, or to advance the anti- 
slavery cause by seizure of a town, and by armed force, awakened 
at first a feeling of repulsion. But the anger it begat, in the 
slave States, their eagerness to arm for defense, their desire to 
implicate the entire North in the raid, and their swift execution 
of the criminal, had the effect of eclipsing his crime by sympathy 
for the man, and by further animosity toward slavery itself The 
hanging of John Brown, Dec. 2, 1859, at Charlestown, W. Va., 
marks the date when the discussion of the right and wrong of 
slavery passed all political limits, and became general in social 
circles, in jurisprudence, and in religion. 

THIRTY-SIXTH CONGRESS— First Session.— Met Dec. 
5, 1859. The Congressional elections had resulted favorably to 
the Republicans, and, though without a majority in the House, 



THE UNITED STATES. 429 

they outnumbered any other party. Analysis of the respective 
branches showed, in the Senate, 38 Democrats, 25 Republicans, 
2 Americans; House, 109 Republicans, S6 Democrats, 13 Anti- 
Lecompton Democrats, 22 Americans. This situation led to a 
protracted dispute over the organization of the House. Balloting 
was carried on two months, before it resulted in the choice of 
William Pennington, Republican, N. J., as Speaker. 

The application of Kansas for admission under the Wyandot 
Free State Constitution opened the slavery discussion with all 
its accustomed severity and prolixity. The House admitted the 
State, but the Senate rejected it, and engaged in a lengthy and 
desperate attempt to get back to the old Calhoun position that 
slavery in the Territories was beyond the jurisdiction of either 
Congress or the Territorial Legislatures ; in other words, that it 
must follow the Federal Constitution, and was inherent in the 
common law regarding personal property. An effort to pass a 
Homestead bill drew strictly party debate. The pro-slavery 
Democrats opposed the policy of cheap lands to immigrants. 
The Kansas experience had proved that the more populous 
North was the best colonizer, and that any extra inducement 
would only lead to an increased number of Free States. A 
spirited party discussion sprang up over the report of the com- 
mittee appointed at the instance of Mr. Covode, Pa., and known 
as the " Covode Investigation," to examine into the conduct of 
the Administration respecting the admission of Kansas as a slave 
State. The report found the Administration guilty of bribing 
members and editors to advocate the admission of » the State 
under the Lecompton Constitution. Congress adjourned, June 
25, i860. 

ELECT/ON OF i860. — The Democratic National Conven- 
tion met at Charleston, S. C, April 23, i860. Delegates were 
present from all the States, to the number of 303. Caleb Cush- 
ing, Mass., presided. An early division of sentiment respecting 
slavery arose. The Southern and all extreme pro-slavery 
Democrats held that, under the Dred Scott decision, slavery 
could not be interdicted in the Territories. The Douglas Dem- 
ocrats held squarely to the doctrine of squatter, or popular sov- 



430 POLITICAL HISTORY OF 

ereignty. The dispute over these positions was so grave and 
lengthy that balloting for a candidate did not begin till May ist. 
After fifty-seven ineffectual ballots, no choice appeared. Stephen 
A. Douglas, 111., stood highest, but never rose above 153 votes, 
202 being necessary to a choice, under the two-thirds rule. A 
Douglas, or Popular Sovereignty platform had been adopted by 
the convention, and thereupon many delegates from the Southern 
States withdrew. Seeing that no choice was possible, the con- 
vention adjourned to meet at Baltimore, June 18. The places 
of the withdrawn delegates had, in the meantime, been filled by 
those favorable to Mr. Douglas. The nominees therefore became 
Stephen A. Douglas, 111., for President, and Herschel V. Johnson, 
Ga., for Vice-President. A portion of this convention also se- 
ceded, and met the seceded Charleston convention on the 28th. 
The platform affirmed the Cincinnati platform of 1856, and added 
clauses pledging Democracy to a Pacific Railroad, and govern- 
ment aid therefor ; favoring the acquisition of Cuba ; denouncing 
State enactments designed to defeat the Fugitive Slave law ; ac- 
quiescence in Supreme Court decisions, but construction of them 
in the vein of Popular Sovereignty. 

The seceders from the Charleston Convention organized in 
Charleston and adjourned to meet in Richmond, June 11. They 
then adjourned to meet in Baltimore, June 28. Here they 
were reinforced by the seceders from the Baltimore Conven- 
tion, under the lead of Butler and Cushing. The nominees be- 
came John C. Breckinridge, Ky., for President, and Joseph Lane, 
Oregon, fbr Vice-President. The platform affirmed the Cincin- 
nati platform of 1856, and pledged the party to a Pacific Rail- 
road ; to the acquisition of Cuba ; favored the execution of the 
Fugitive Slave law ; announced that the unorganized territory 
of the United States was open to all citizens with whatever kind 
of property ; that the federal government must protect the rights 
of persons and property wherever its authority extends ; that 
the right of sovereignty begins when the settlers in a territory 
have a population adequate to the formation of a State constitu- 
tion, and is consummated by the admission of the State, and 
that then its people stand on a par with the people of all the 



THE UNITED STATES. 431 

States, and the State ought to be admitted with or without 
slavery^ as its constitution provides. 

The Republican National Convention met at Chicago, May 
i6, i860, in the "Wigwam," built for the purpose. Delegates 
were present from all the Northern States and from Delaware, 
Maryland, Kentucky, Missouri and Virginia, with scattering 
representatives from all the Southern States except the Gulf 
States. The work of the Convention ended in a single day by 
the nomination of Abraham Lincoln, 111., for President, and 
Hannibal Hamlin, Me., for Vice-President. The platform an- 
nounced: (i) the necessity of the Republican party; (2) main- 
tenance of the principles of the Declaration ; (3) denounced all 
schemes of disunion ; (4) maintenance of the rights of States ; 
(5) denounced the administration for attempting to force Kansas 
in as a slave State under the Lecompton constitution and con- 
trary to the will of her people ; (6) decried the extravagance of 
the administration ; (7) the normal condition of the Territories 
is free, and no stock in the dogma that the constitution carries 
slavery there ; (8) the admission of Kansas as a free State ; (9) 
protection to American industry, a Homestead law, a Pacific 
Railroad, Internal Improvement. 

The American party, under the title of " Constitutional Union," 
met at Baltimore, May 9, i860. Twenty States were repre- 
sented. John Bell, Tenn., was nominated for President, and 
Edward Everett, Mass., for Vice-President. Their only hope of 
success was in throwing the election into the House. The 
platform affirmed " the constitution of the country, the union of 
the States, and the enforcement of the laws." 

The campaign was vigorously conducted. There was much 
argument over the respective attitudes of the parties on the 
slavery question. On the part of Republicans spectacular 
features were introduced after the manner of the Harrison cam- 
paign of 1840. Mr. Lincoln was pictured as " The Rail Splitter" 
of the West, with telling effect among farmers and the industrial 
classes. As the campaign advanced and the hopelessness of the 
pro-slavery Democrats increased, they began to turn their atten- 
tion to the remedy which secession provided. The November 



432 POLITICAL HISTORY. 

result was a choice of Republican electors from every free State, 
except New Jersey, which gave four for Lincoln and three for 
Douglas, and a consequent majority in the Electoral College. 
This led to prompt action on the part of South Carolina, whose 
Legislature was then (November) in session to choose electors. 
Instead of doing so that body called a State Convention, which, 
Dec. 17, i860; passed the first " Ordinance of Secession." 

THIRTY-SIXTH CONGRESS— Second Session. — Met 
.Dec. 3, i860. Probably no session of Congress was ever called 
upon to meet so many new and grave propositions. Cer- 
tainly none had ever convened amid such serious surroundings. 
The only situation analogous to it was in 1832, when South 
Carolina attempted to nullify the Tariff Act of 1828. Then 
Jackson took strong ground in his message against the right of 
a State to contravene national legislation, and promptly applied 
enough force to hold the dissatisfied State to her place in the 
Union. Mr. Buchanan's message took the Jackson view of the 
situation, but when it came to applying coercive means, he 
doubted if a State's obedience could be compelled, for the reason 
that compulsion meant war, and war on a State was not author- 
ized by the constitution. 

This message, so disappointing to the Union sentiment of the 
country and so encouraging to the Secession sentiment, brought 
a stream of compromising efforts, prominent among which was 
one introduced by John J. Crittenden, Ky., re-establishing the 
old line of 36° 30' as a permanent constitutional boundary be- 
tween slave and free States. This did not meet the favor of the 
Republicans, and without their endorsement the pro-slavery 
Democrats refused to entertain it. 

Legislation was virtually suspended for a time to await the 
action of the " Peace Congress," which assembled in Washing- 
ton, Feb. 4, 1 86 1. This had been called at the request of the 
Legislature of Virginia (Jan. 19), and was composed of dele- 
gates from thirteen Free and seven Border States. It affirmed 
by a close vote the Crittenden proposition, and made sev^eral 
concessions, chiefly with a view of keeping the Southern border 
States from falling into the secession whirlpool, and of inducing 




JOHN J. CRITTENDEN. 




28 



EDWARD EVERETT. 



433 



434 POLITICAL HISTORY OF 

some of the less hasty cotton States to retrace their steps. Con- 
gress did not accept its measures, but passed what was known 
as the Douglas amendment to the constitution, which affirmed 
the popular sovereignty method of dealing with slavery in the 
Territories, and raised a guarantee of non-interference with slaver}^ 
in the States. This amendment was never submitted to the 
States or people, owing to the rapid secession of the States and 
the beginning of hostilities. 

As the Southern States seceded (see below), their members of 
Congress withdrew. The Republican majority became strong 
in both Houses, Kansas was admitted as a free State under the 
Wyandot Constitution, Jan. 29, 1861. Other Territories, as 
Nevada, Colorado and Dakota, were organized, without mention 
of slavery, so as to avoid conflict with the Dred Scott decision. 
The Republican majority took advanced ground relative to the 
powers vested in the Constitution and Congress. The doctrine 
that this was a nation and not a league, and that a nation had a 
right to protect itself from within as well as without, took firm 
hold. The Tariff Act of March 2, 1861, which increased duties, 
affirmed the principle of protection. The kindred prin- 
ciple of Internal Improvement by the National government was 
so fully estabHshed as to be placed beyond future question by any 
party. Loans were authorized and an issue of Treasury notes 
ordered, thus carrying the implied powers of the Constitution 
to the limit which extreme necessity demanded. 

In February the Electoral count was made, showing 1 80 votes 
for Lincoln and Hamlin, 72 for Breckinridge and Lane, 39 for 
Bell and Everett, and 12 for Douglas and Johnson. Congress 
adjourned sine die, March 3, 1861. 

SECESSION MOVEMENT.—Secession from the Union as 
a remedy for grievances, real or imaginary, had been made 
familiar by that school of statesmen who regarded the Constitu- 
tion as in the nature of a compact between the States and Gov- 
ernment, and who insisted on a strict interpretation of that in- 
strument. They would tolerate no stretch of power on the part 
of the government, not even for the purpose of preservation, but 
claimed that in all matters of doubt the States should have the 



THE UNITED STATES. 435 

benefit of it, and that where a grievance existed the State was to 
be the judge, preferring its own integrity and honor. The griev- 
ance now was that growth of anti-slavery sentiment in the coun- 
try made manifest in poHtical form by the election of Lincoln, 
which would forever crush further hope of slavery extension 
and prove a standing menace to the institution as it existed in 
the States. 

South Carolina's call of a convention was the signal for simi- 
lar action throughout the South. The movement was rapid and 
concerted. If did not even hesitate at the responsibility of armed 
trial to insure success."^ The Southern Congress met at Mont- 
gomery, Alabama, Feb. 4, 1861, delegates being present from 
seven seceded States. It formed the Government of the Con- 
federate States of America. Its Constitution was, in the main, 
the one it had repudiated, a clause recognizing slavery and one 
forbidding a protective tariff being the most radical differences. 
Officers were elected, a cabinet chosen, the machinery of inde- 
pendent government started, an attitude of war assumed. All 
government property was seized and confiscated, forts were 
erected, men were enlisted, equipped and drilled, and armies 
were actually on their feet, while the Congress and the States of 
the North were listlessly watching the unfolding of the terrible 
situation or wasting precious time in what proved to be idle 
schemes of compromise. 

XIX. 

LINCOLN'S FIRST ADMINISTRATION. 

March 4, 1861— March 3, 1865. 

Abraham Lincoln, III., President, Hannibal Hamlin, Me., 

Vice-President. 

Congresses. Sessions. 

f I, July 4, 1 86 1 — August 6, 1861 — Extra Session. 
Thirty-seventh Congress. ^ 2, December 2, 1861— July 17, 1862. 

[3, December i, 1862 — March 3, 1863. 

* For going and coming of the seceding States, see page 141. 



436 



POLITICAL HISTORY. 



Congress. 
Thirty-eighth Congress. 



Sessions. 



J I, December 7, 1863 — July 4, 1864. 
(2, December 5, 1864 — March 3, 1865, 



ELECTORAL VOTE^ 



Republican. 



Democrat. 



Const. 
Union or Amer, 



States. 



P3 > 

Alabama 7 9 

Arkansas 2 4 

California 2 4 

Connecticut 4 6 

Delaware I ^ 3 

Florida I 3 

Georgia 8 10 

Illinois 9 II 

Indiana II 13 

Iowa, 2 4 

Kentucky 10 12 

Louisiana 4 6 

Maine 6 8 

Maryland 6 8 

Massachusetts il 13 

Michigan 4 6 

Minnesota „ . . 2 4 

Mississippi 5 7 

Missouri 7 9 

New Hampshire . . 3 5 

New Jersey 5 7 

New York 33 35 

North Carolina.. ., 8 10 

Ohio 21 23 

Oregon . . .: i 3 

Pennsylvania 25 27 

Rhode Island 2 4 

South Carolina .... 6 8 

Tennessee 10 12 

Texas 2 4 

Vermont 3 5 

Virginia 13 15 

Wisconsin 3 5 

Totals 237 303 



II 
4 



13 

6 



5 
4 

35 

23 

3 

27 

4 



II 

13 

4 



13 

6 



5 

4 

35 

23 
3 

27 
4 



w 



O 









•^ s 

o c 

d 



3 

3 

10 



S 



10 



3 

3 

10 



10 



ca 



12 






12 



12 



15 15 



180 180 



12 



12 72 72 39 39 



* The popular vote was, Lincoln, 1,866,352 — 17 States, N. J. divided; Doug- 
las, 1,375,157 — I State, N. j., divided; Breckinridge, 845,763 — 11 States; Bell, 
589,581—3 States. 




mmiiltllliiiiillllllliiiiliiiiiiiiHiiiiiiiiiiiHiiiiiHiitimiiiiiiiiiiiiiiiiiiiiiiiiiiiiriiinm 



±fr-;-f ^^ "H . 



PRESIDENTS FROM i%$^ TO 1869. 



4m 



438 POLITICAL HISTORY OF 

THE CABINET. 

Secretary of State , . . W. H. Seward, N. Y. 

Secretary of Treasury Salmon P, Chase, Ohio, 

Secretary of War Simon Cameron, Pa. 

Secretary of Navy Gideon Welles, Conn. 

Secretary of Interior Caleb P, Smith. 

Attorney-General Edward Bates, Mo. 

Postmaster-General Montgomery Blair, Md. 

POLITICAL SITUATION.—WhQn Lincoln came to Wash- 
ington to be inaugurated the Southern Confederacy was formed. 
Of it Alexander H. Stephens, its Vice-President, said, March 21, 
i86i : "The new Constitution (Confederate) has put at rest for- 
ever all the agitating questions relating to our peculiar institu- 
tions — African slavery as it exists among us — the proper status 
of the negro in our form of civilization. This was the imme- 
diate cause of the late rupture and present revolution. Jeffer- 
son, in his forecast, had anticipated this as the * rock upon which 
the old Union would split' . . . The prevailing ideas enter- 
tained by him (Jefferson) and most of the leading statesmen of 
the time were that slavery was a violation of the laws of nature, 
that it was wrong in principle, socially, morally and politically, 
and that somehow or other it would prove evanescent and pass 
away. . . . Those ideas were fundamentally wrong. They 
rested on the assumption of the equality of the races. This was 
an error. It was a sandy foundation, and the idea of a govern- 
ment built on it ' when the storm came and the wind blew it fell' 
Our new government rests on exactly the opposite idea. Its 
foundations are laid, its corner-stone rests upon the great truth 
that the negro is not the equal of the white man ; that slavery 
— subordination to the superior race — ^is his natural and normal 
condition. This, our new government, is the first in the history 
of the world based on this great physical and moral truth." 

To convert this Confederacy of form into one of fact was the 
Southern cause. The condition was one of war already, so far 
as the South was concerned. There had been for some time a 
systematic transfer of government arms and munitions of war 
from Northern to Southern arsenals, and these had speedily sur- 
rendered to insurgent demands. The naval vessels had been 
scattered in remote foreign parts, and were not immediately 



THE UNITED STATES. 439 

available for either defensive or offensive purposes. The Federal 
soldiery within the Southern States had given up their forts and 
stations or were besieged therein. National finance was con- 
fused, the Treasury empty, the credit worthless. Seceded States 
were being reinforced by the secession of others. Officers in 
the army, navy and in places of trust and power were resigning 
every day to join their fortunes with those of their States, to the 
consternation of the loyal members of the government and to 
the utter demoralization of all machinery and system. No of- 
ficial knew whom to confide in, how to organize, what to do. 
It seemed as if secession had tainted everything and undermined 
everything. Let Union effort take what shape it would, it was 
confused by the uncertainty of its surroundings, or balked by in- 
genious constructions of laws and Constitution. The logic of 
Attorney-General Black, which led to the conclusion that " the 
Union must totally perish at the moment when Congress shall 
arm one part of the people against another for any purpose be- 
yond that of merely protecting the general government in the 
exercise of its proper Constitutional functions," had resulted in 
fatal hesitation on the part of the government and was to par- 
alyze it still worse. Add to all the real danger to life from 
deeply laid and widely ramified plots, and some faint idea of the 
situation may dawn, as President Lincoln was forced to see it on 
March 4, 1861. 

His inaugural was conservative, assuring to the Southern 
States that slavery would not be disturbed in the States if they 
would seek a peaceful remedy for their grievances, invited Con- 
stitutional amendments for the troubles, and closed : " In your 
hands, my dissatisfied fellow-countrymen, and not in mine, is the 
momentous issue of civil war. The government will not assail 
you. You can have no conflict without being yourselves the 
aggressors. You have no oath registered in heaven to destroy 
the government, while I shall have the most solemn one to 
preserve, protect and defend it." 

The President proceeded to supply the Union garrison in Fort 
Sumter. This was what President Buchanan had hesitated to 
do, the Confederates having said they would regard it as a coer- 



440 POLITICAL HISTORY. 

cive act. They began a bombardment of the fort, April 13, 
1 86 1, and on April 14, after a fire of thirty hours, the flag was 
lowered in surrender. This first overt act of rebellion, and this 
first triumph of civil war, disillusioned the country, and resent- 
ment took the place of conciliation. For a time Democrats and 
Republicans united in demanding sturdy measures, not only to 
wipe out insult to the flag, but to force the erring States into the 
restraints imposed by the Constitution and laws. Armed attack 
must be repelled, the majesty of law vindicated, the dignity of 
order conserved, the unity of the nation restored, the supreme 
strength of the government asserted throughout its jurisdiction, 
and all in the now necessarily armed and forceful way invited by 
the magnitude, vigor and determination of the attack. The issue 
thus joined was the Great American Rebellion of 1861 ; or. 
The Civil War in the United States of America. 

THIRTY-SEVENTH CONGRESS— E^tx2. Session.— Called 
for July 4, 1 86 1. The President had promptly recognized the 
condition of civil war and called for 75,000 volunteers. These 
were plainly inadequate, for the Confederacy of seven seceded 
States had grown to eleven. The doubtful border States had 
become a raiding ground for Confederate forces. Armies, fully 
equipped, strong in numbers, ably officered, fierce in determina- 
tion, were swarming into strategical places and centering on the 
Capital of the nation. Men must be had for defensive as well as 
offensive measures. Materials of war must also be provided — 
money, guns, ammunition, equipments. Hence this extra ses- 
sion, in which only the Northern and border States were repre- 
sented. Both branches were Republican. The Senate stood 31 
Republicans, 11 Democrats, and 5 War Democrats; the House 
106 Republicans, 42 Democrats and 28 War Democrats. The 
House organized by electing Galusha A. Grow, Pa., RepubHcan, 
Speaker. Happily for the country, there was a strong prepon- 
derance of the Union element, and such prevalence of the liberal 
construction doctrines, in the presence of dire necessity, as freed 
energetic war measures from the tedious debates which they had 
hitherto provoked. The disastrous affair of Bull Run (July 21, 
1861) proved an additional incentive to speedy and vigorous 




HANNIBAL HAMLIN. 




SIMON CAMERON. 



441 



442 POLITICAL HISTORY OF 

legislation, for it further disclosed the determination of the Con- 
federates, helped the Unionists to understand the magnitude of 
the force they had to meet, and proved the imminency of the 
danger which hung over the capital. 

The President was therefore empowered to call out 500,000 
volunteers, a national loan was authorized, appropriations were 
made for the army and navy, an act was passed for the punish- 
ment of conspiracy and for the cenfiscation of all property used 
against the government, and as a means for additional revenue 
an amended Tariff act was passed, Aug. 5, 1861, which con- 
siderably increased the duties and contained distinctive protec- 
tive features. The anti-war or peace Democrats interjected 
measures of negotiation and compromise into all the delibera- 
tions on war measures, but the hour for procrastination had 
passed, and it was not deemed expedient nor proper to further 
parley with armed, and thus far triumphant, rebellion. After 
resolutions pledging further men and money to the administra- 
tion, should they become necessary to aid in the suppression of 
the rebellion and the execution of the laws, the Congress ad- 
journed, August 6, 1 86 1. 

THIRTY-SEVENTH CONGRESS— Y\x->\. Regular Session. 
— Met December 2, 1861. Like the preceding, this was a War 
Session. The Democrats had somewhat recovered from the 
shock occasioned by the firing on Sumter, and had drawn their 
lines sufficiently close to make a party issue of many of the 
most vigorous war measures. Over the question of" what to do 
with captured slaves ? " they took positive ground against the 
bills which were passed, forbidding the return of fugitives and 
declaring those free who were employed against the government 
and for insurrectionary purposes,* and so of the bill prescribing 

* This is not said of the pronounced War Democrats, who were in concert with 
the Republicans on active war measures, nor even of those who, in official position, 
used the privilege of a minority to freely and intelligently criticise the acts of a ma- 
jority. It is said of those who sought to hold the organization and to commit it to 
a decided anti-war policy ; who even went so far as to encourage opposition to the 
war among their constituents, and keep up the spirit of the Confederates by aiding 
associations like the •* Knights of the Golden Circle," " Sons of L'Uerty," etc., 
whose objects were to release prisoners of war, invite raids, engage in coiispiracies 



THE UNITED STATES. 443 

the " Iron-Clad Oath," whose design was .to exclude from gov- 
ernment service all who were engaged in rebellion or who sym- 
pathized with it. The session witnessed the passage of a bill 
giving public lands to the States for the endowment of Agricul- 
tural Colleges ; also the passage of the Homestead Bill, which 
had been so frequently before Congress since the formation of 
the Republican party. An increase in Tariff rates was made by 
the act of Dec. 24, 1861. Congress adjourned, July 17, 1862. 

THIRTY-SEVENTH CONGRESS— "^^zon^ Session.— Met 
Dec. I, 1862. A War Session, in the midst of national neces- 
sity more imperative than ever. Large appropriations were 
made for army and navy purposes. The Treasury was authorized 
to negotiate further loans. But ready money was scarce. There 
was no currency adequate to the huge transactions of the war, 
and none uniform. In this strait the Congress sanctioned a 
National (Greenback) Currency, after long and able discussion 
involving its constitutionality, the meaning of the power "to 
coin money and issue bills of credit," the inherent right of the 
government to protect itself, the analogy furnished by the old 
National Bank, the respective attitude of parties on the question 
from the beginning. 

Nor was the situation simplified when the question of more 
men came up. This involved the draft as a means of procuring 
soldiers, with all the technical objections which a strict construc- 
tion of the constitution gave rise to. The act which passed pro- 
voked the hostility of anti-war Democrats throughout the entire 
North, and in several States the Courts held it unconstitutional. 
Its enforcement in New York gave rise to the riots of July, 1863, 
which were only suppressed by armed interference of the Federal 
authorities. 

Another measure, made necessary by the exigency of the 
hour, was the act to suspend the writ of Habeas Corpus, This also 
excited the opposition and enmity of all who wished to be free 
to vindicate the Confederate cause, either by writing or speaking 
in its favor, or by any other act short of actual enlistment under 

to resist drafts — as in New York — enlist men for the Southern army, and give aid 
and comfort to the enemy in various ways. 



444 POLITICAL HISTORY. 

its banners. The peace Democrats vehemently opposed its pas- 
sage, and it was perhaps the most unpopular of the stringent 
war measures, saving always the draft act. Dec. 31, 1862, the 
act to admit West Virginia passed, which took effect June 19, 
1863. Congress adjourned sine die^ March 3, 1863. 

ABOLITION OF SLAVERY.— K\\ the pledges of the free 
States were of an intent not to interfere with Slavery in the 
States where it existed. All the negotiations and compromises 
of 1 86 1 embraced the same idea. Mr. Lincoln, in his inaugural, 
gave it oi4t that Slavery in the States had nothing to fear from 
his administration, if the issue of disunion were not further, or 
violently, pushed. The anti-slavery sentiment was not essentially 
an abolition sentiment. Even the revulsion of feeling occasioned 
by the firing on Sumter had not served to lift it to the point of 
interference with the institution of Slavery within State limits. 

But the question of Slavery, ever complex, was, after the be- 
ginning of the war, more complicated than ever. It was forcing 
itself on the officers of the army at every step. In the field 
slavery was a part of the Confederate service, contributing to 
the strength of its armies, helping it to resist the Union troops, 
aiding it to win victories. It therefore was hostile, as much so 
as the armies themselves, or as cannon, muskets, ammunition, 
tents, stores, whose destruction war justified. 

This the Administration saw. But it saw other things too: 
(i) A probability of holding the doubtful Border States and 
making their allegiance firmer by compensating them for their 
slaves in case they abolished slavery. This the President recom- 
mended to Congress, March 2, 1862. It was approved, but 
not accepted by the Border States as being impracticable. In 
fact it met the opposition of the entire Democratic party. 

(2) He saw that to take any more decided step at that time 
would be to alienate the conservative anti-slavery sentiment of 
the Free States. That is, he did not yet regard the country as 
educated to the point of necessary or compulsory abolition. 

(3) He saw that if the rebellion were allowed to drag because 
of a want of energy on the part of the administration, or fear 
to cripple any and all the resources which helped to sustain it, 




JEFFERSON DAVIS. 




.^ S- 



ALEXANDER H. STEPHENS. 



445 



446 POLITICAL HISTORY OF 

• 

the more determined anti-slavery sentiment of the Free States 
would rise against him and demand abolition as necessary to 
the suppression of civil war. 

Congress had moved very cautiously, being content with a 
measure forbidding the return of fugitives, and one declaring 
free those slaves who were captured while aiding rebellion. 
General Fremont, in the Department of Missouri, had, Aug. 
31, 1 86 1, declared the slaves of rebels free, but the President 
overruled his order. General B. F. Butler, in Virginia, had 
declared slaves " contraband of war," and liable to confiscation. 
Most of the field officers were either returning them to their 
masters, or hesitating about what to do with them. 

Rebellion was increasing in vigor, and slaves were part of 
that energy. By the laws of war the contraband property of 
the enemy is confiscate. By act of Congress " the property of 
persons engaged in treason or rebellion against the United 
States " was liable to seizure and confiscation. The time had 
come when the weapons of the enemy of whatever kind must be 
wrenched from his grasp, when the " Union must be saved with 
slavery," or, that failing, " without it." 

On Sept 22, 1862, the President issued his proclamation to. 
the effect that he would emancipate " all slaves within any State 
or designated parts of a State, the people whereof shall be in 
rebellion against the United States on the ist day of January, 
1863." " If such sections are in good faith represented in Con- 
gress on that day, it shall be deemed conclusive evidence that 
such State and the people thereof are not in rebellion against the 
United States." 

No attention was paid to this. It was followed, Jan. I, 1863, 
by the celebrated Emancipation Proclamation, for which the 
country now seemed ready, " as a fit and necessary war measure 
for suppressing rebellion." It applied only to the States and 
portions of States actually in rebellion, and which were unrepre- 
sented in Congress, or were not in the possession of the Union 
armies. Two years afterwards (February i, 1865) the Thirteenth 
Amendment to the Constitution passed the Congress, and was 
ratified by three-fourths of the States, so as to become effective 



THE UNITED STATES. 447 

• 
by Dec. i8, 1865. It is in almost the precise words of the his- 
toric ordinance of 1787 relative to the territory northwest of 
the Ohio. This amendment ended African slavery in the United 
States of America. 

THIRTY-EIGHTH CONGRESS— Y'\x?.X, Session.— Met Dec. 
7, 1863. The House organized by electing Schuyler Colfax, 
Republican, Indiana, Speaker. The Senate contained 36 Re- 
publicans and 14 Democrats; the House 102 Republicans and 
83 Democrats. Nine of the latter were from the Border States. 
The Union Democrats had mostly gone entirely over to the 
Republicans. Some, however, had gone back into the regular 
Democratic organization, which was now pretty squarely on an 
anti-war basis. The session was prolific of war measures, on 
most of which party lines were strictly drawn. That which 
excited most bitter debate was the repeal of the Fugitive Slave 
Law of 1850 by a vote of 27 to 12 in the Senate, and 86 to 60 
in the House. The Thirteenth Amendment to the Constitution 
passed the Senate, but did not pass the House by the requisite 
two-thirds till the next session. Among the revenue bills 
were those creating a system of Internal Revenue by a tax on 
domestic manufactures, one imposing a tax on incomes over 
;^6oo which was very unpopular and short-lived, and one creat- 
ing the system of National Banks. All these were compara- 
tively new measures, justified by the condition of the country 
and a state of war, yet at variance with the strict construction 
notions on which the Democrats based a determined opposition. 
On June 30, the Tariff Act of 1 864 was passed, which increased 
the rate of duties, and made them still more protective. Con- 
gress adjourned, July 4, 1864. 

ELECTION OF 1864.— The Republican National Conven- 
tion met at Baltimore, June 7, 1864, and renominated for Presi- 
dent, Abraham Lincoln,'^ III, and for Vice-President, Andrew 
Johnson, Tenn. The nomination of the latter was a recognition 
of the Union men of the South. The platform : (i) Pledged 

* Mr. Lincoln had inclined to the one term idea, but by advanced endorsement 
for a second term among the Legislatures of the Northern States, as in the case of 
Jackson for his second term, h^ concluded to stand. 



448 POLITICAL HISTORY. 

the party to aid the government in the suppression of rebeUion. 
(2) No peace except one based on unconditional surrender of all 
armed rebels. (3) An amendment to the Constitution pro- 
hibiting slavery. (4) Thanks to soldiers for maintaining the flag. 
(5) Approval of the course of administration. (6) No vio- 
lation of the laws of war. (7) Favored foreign immigration 
and a Pacific Railroad. (8) The national faith pledged to the 
redemption of the public debt must be kept inviolate. (9) Ap- 
proval of the " Monroe doctrine." 

The Democratic National Convention met at Chicago, Aug. 
29, 1864, and nominated for President, George B. McClellan, 
N, J., and for Vice-President, George H, Pendleton, Ohio. The 
convention was dominated by the reactionary or peace wing of the 
party, called by their opponents " Copperheads." The platform 
announced: (i) Adhesion to the Union under the Constitution. 
(2) Demanded, " after four years of failure to restore the Union by 
war," a cessation of hostilities and a peace convention. (3) 
Denounced military interference with elections as revolutionary. 
(4) Objects of the party are to preserve the Union and the 
rights of the States unimpaired. (5) Denunciation of the war 
measures in general. (6) Administration denounced for disre- 
gard of duty to prisoners of war. (7) Sympathy of the party 
for soldiers and sailors. 

A Convention of Radical Men met at Cleveland, Ohio, May 
31, 1864, and nominated John C. Fremont, Cal., for President, 
and John C. Cochrane, N. Y., for Vice-President. They adopted 
a platform nearly like that of the Republicans, but with a clause 
endorsing the one term principle. This was designed to head 
off the renomination of Lincoln, who had given offense to them 
by his tardy action respecting slavery. The candidates with- 
drew in favor of the Baltimore nominees. 

The position taken by the Democrats in their platform to the 
effect that the war was a failure, and that its cessation was 
demanded by the country, presented an issue which the Repub- 
licans met squarely, and with confidence. The result was a 
popular verdict in their favor, not only in the Presidential but in 
the Congressional contests. 




ROBERT E. LEE. 




STONEWALL JACKSON. 



449 



450 



POLITICAL HISTORY. 



THIRTY-EIGHTH CONGRESS— Second Session.— Met 
Dec. 5, 1864. Necessary war measures were passed, the Thir- 
teenth Amendment to the Constitution by the House, and the 
bill creating the Freedmen's Bureau. The status of the rebellious 
States came up in the proceedings attending the electoral count 
in February. Both Houses regarded them in such a condition 
as to make a valid election for President within their borders 
and under our laws impossible. Their vote was, therefore, not 
considered. The count showed 212 votes for Lincoln and John- 
son, and 21 for McClellan and Pendleton. Congress adjourned 
sine die, March 3, 1865. On March 4, Lincoln and Johnson 
were sworn into office. 



XX. 



LINCOLN'S SECOND ADMINISTRATION, AND 

JOHNSON'S. 

March 4, 1865— March 3, 1869. 

Abraham Lincoln, III., President. Andrew Johnson, Tenn., 

Vice-President. 



Congresses. 
Thirty-ninth Congress. 

Fortieth Congress. 



Sessions. 



J I, December 4, 1865-July 28, 1866. 
{2, December 3, 1866-March 3, 1867. 

f I, March 4, 1867-March 30, 1867. 
I 2, July 3, 1867-July 20, 1867. 



} Extra ses- 
sion with 
recesses. 

4, December 2, 1867-July 27, 1868. 

5, December 7, 1868-March 3, 1869. 



ELECTORAL VOTE.'' 



Republican. 



Democrat. 



Basis of 
States. 127,381. 

f Alabama 6 

•{■Arkansas 3 

California 3 

Connecticut 4 

Delaware i 

f Florida i 



Vote. 
8 

5 
5 
6 

3 
3 



Abraham 

Lincoln, 

111. 



Andrew Geo. B. Geo. H. 
Johnson, McClellan, Pendleton, 



Tenn. 



N.J. 



Ohio. 



* The popular vote was : Lincoln, 2,216,067 — 22 States; McClellan, 1,808,725 
— 3 States; not voting, 11 States. 

f In a state of rebellion. Not voting. 81 votes lost. 





451 



452 



POLITICAL HISTORY OF 



Electoral Vote — Continued. 



Basis of 

States. 127,381. 

^Georgia 7 

Illinois 14 

Indiana 11 

Iowa 6 

Kansas i 

Kentucky 9 

^Louisiana 5 

Maine ..... 5 

Maryland ..... 5 

Massachusetts 10 

Michigan 6 

Minnesota 2 

■^Mississippi 5 

Missouri 9 

Nevada i 

New Hampshire. ... 3 

New Jersey 5 

New York 31 

*North Carolina. . . 7 

Ohio 19 

Oregon i 

Pennsylvania 24 

Rhode Island 2 

■^South Carolina. . . 4 

■^Tennessee 8 

*Texas 4 

Vermont. 3 

■^Virginia 8 

West Virginia 3 

Wisconsin 6 





Republican. 


Democrat. 




Abraham 


Andrew- 


Geo. B. Geo. H. 




Lincoln, 


Johnson, 


McClellan, Pendleton, 


Vote. 


111. 


Tenn. 


N. J. Ohio. 


9 




. . 




16 


16 


16 




n 


13 


13 




8 


8 


8 




3 


3 


3 




II 








7 








7 


7 


7 




7 


7 


7 




12 


12 


12 




8 


8 


8 




4 


4 


4 




7 


• • 






II 


II 


II 




3 


2 


2 


..IV 


5 


5 


5 




7 








33 


33 


33 




9 








21 


21 


21 




3 


3 


3 




26 


26 


26 




4 


4 


4 




6 




• • 




10 


• • 


• • 




6 


, . 


• • 




5 


5 


5 




10 


• • 






.■) 


5 


S 




8 


8 


8 





Totals 242 

THE CABINET. 



314 



vacancy. 



212 



212 



21 



21 



Secretary of State W. H. Seward, N. Y Continued. 

Secretary of Treasury. . . . Hugh McCullough, Ind. 

Secretary of War Edwin M. Stanton, Pa Continued. 

Secretary of Navy .Gideon Welles, Conn " 

Secretary of Interior James Harlan, Iowa. 

Attorney-General James Speed, Ky Continued. 

Postmaster-General William Dennison, Ohio.. . " 

THE INAUGURAL.— G&ttyshuYg, July 2, 3, 4, 1863, turned 
the tide of rebellion. It had fallen backwards, and was, March 
4, 1865, hemmed in and under control. The President's in- 
augural was full of gratitude for past success, of hope for final 
success, and of that kindliness of spirit and gentleness of disposi- 



* In a state of rebellion. Not votinj;. 81 votes lost. 



THE UNITED STATES. 453 

tion which had gotten to b« accepted as characteristic of the 
man and official. In it he said, " With malice toward none, 
with charity for all, with firmness in right, as God has given 
us to see the right, let us strive on to finish the work we are 
in, to bind up the nation's wounds, to care for him who shall 
have borne the battle, and for his widow and orphans — to do 
all which may achieve a just and lasting peace among ourselves 
and with all nations." 

On the 9th of April, 1865, General Lee surrendered to General 
Grant, at Appomattox Court-House, the remnant of the Con- 
federate army, 26,000 men, and the great rebellion was practically 
ended. On the night of April 14 (Good Friday), 1865, President 
Lincoln was shot by J. Wilkes Booth, and died on the morning 
of the 15th. On the same day Andrew Johnson was sworn in 
as his successor. 

RECONSTRUCTION.— W, was hoped by North as well as 
South that President Lincoln had mapped in his mind a policy 
of reconstruction. But such did not appear. The exact rela- 
tion a seceded State, which had failed to establish its secession 
by force, occupied toward the other States, and how it could be 
reinstated, were new and delicate points, requiring the skill of a 
master to handle. Much more was involved. The place of the 
negroes, now free and citizens, had to be considered. The North- 
ern mind inclined to a probationary period for the rebellious 
States, during which time they could adjust themselves to a new 
situation, give guarantees, through provisional governments that 
they would assure freedom to the negroes, wipe out their obnox- 
ious codes, repeal their secession laws, rescind their adhesion to 
the Confederacy, and, repledged and prepared anew, re-enter the 
Union, on the condition of any fully equipped State, with the 
consent of Congress. 

President Johnson signalized his administration by adopting a 
hastier policy of reconstruction, one which imposed no probation 
on the States, but invited them to reform State governments and 
apply for admission at once. He belonged to the old South- 
ern school of strict interpreters or State Rights, and his policy 
invited the supremacy in the new States of the most active sup- 



454 POLITICAL HISTORY. 

porters of rebellion. This policy did not receive the support of 
the Republican party. An antagonism therefore sprang up be- 
tween the administration and the majority party, which was 
fiercer even than that between Tyler and the Whigs. The Presi- 
dent however forced his measures as best he could, and carried 
with him what was known at the time as the "Amnesty senti- 
ment " of the country and also the Democratic sentiment. He 
was squarely outside of the party which had elected him Vice- 
President, from the very beginning of his term as President. 

THIRTY-NINTH CONGRESS— ¥ ir si Session.— Met Dec. 
4, 1865. The favorable turn of the rebellion, and the emphatic 
endorsement of Lincoln's administration by the country, had 
greatly increased the Republican majority in both Houses of Con- 
gress. The Senate stood 40 Republicans and 1 1 Democrats ; the 
House 145 Republicans and 40 Democrats. The House organ- 
ized by re-electing Schuyler Colfax, Republican, Ind., Speaker. 

The passage of an amended Freedmen's Bureau bill drew from 
the President, a veto, in which he foreshadowed his intention of 
opposing reconstruction legislation where it involved favors to 
the negroes, and, in general, until the whites, who were most 
concerned, were again represented in Congress. Another bill, 
similar in terms, providing for the education and military pro- 
tection of the negro race, was passed in July. This was also 
vetoed, on the ground that the civil courts were open for their 
protection, and that the matter was one entirely within the con- 
trol of the States. It became a law over the veto. 

The passage of the Civil Rights bill, in March, which was de- 
signed to secure to the negroes some of the rights of citizenship 
by enabling them to enforce their contracts in the United States 
Courts, was vetoed, on the ground that it was an attempt to con- 
fer citizenship on men just released from bondage and overrode 
the State laws and State tribunals. Though the bill was passed 
over the President's veto, the Congress proceeded to clarify the 
question of citizenship by passing the Fourteenth Amendment 
to the Constitution, June 16, 1866, which became operative, July 
28, 1868. This measure the President also opposed, as did the 
Democrats, The Homestead laws were extended to public 




455 



456 POLITICAL HISTORY OF 

lands in the South, the army was reduced, some internal taxes 
were abolished. Congress adjourned, July 28, 1866. 

THIRTY-NINTH CONGRESS —SQcond Session. — Met 
Dec. 3, 1866. The President's attitude to the majority in Con- 
gress had become hostile and defiant. By his vetoes of Con- 
gressional enactments he had given proof of his intention to re- 
duce the power of Congress over the work of Reconstruction to 
a minimum. By his repeated proclamations to the Southern 
States he had as fully shown that he intended to make the work 
of Reconstruction as purely an executive one as he could, and 
this though his attention and that of the country had been 
called, by an address of the Republican National Committee, to 
the fact that no provisions existed in the Constitution or outside 
of Congress for the re-establishment of States which had broken 
their allegiance by secession and failed to establish secession by 
force. 

The situation was not conducive to deliberate legislation. If 
the President was vindictive, the majority was retaliatory. More- 
over, fear began to dawn that if he carried his defiance much 
further it might end in an executive coup de main on the very 
existence of the legislative branch of the government. Retalia- 
tive thus assumed the virtue of protective steps. A threat of 
impeachment was made by the appointment of a House com- 
mittee to take testimony. The time had not yet come for 
decisive action. 

By act of July, 1862, the President had been empowered to 
extend amnesty to those who ceased to be rebellious. The 
President had used his power under this act to what was con- 
sidered an inordinate extent. In January, 1867, the act was re- 
pealed. He still continued his amnesty proclamations, claiming 
a right to do so under the Constitution. To prevent the possi- 
bility of his taking the advantage of Congress during a recess, 
the meetings of the next Congress were fixed so as to succeed 
each other immediately. This lasted only during his term of 
office. His claim to issue orders directly to the army was met 
by an act compelling him to issue them through the general in 
command. This was squeezed in with the Appropriation bill, 



THE UNITED STATES. 457 

SO that he could not veto it without defeating the whole measure. 
He vetoed the Nebraska act, which provided for the admission 
of that State on the condition that suffrage should exist without 
reference to race or color. This was passed over his veto, and 
Nebraska was admitted, March i, 1867. 

Hitherto the President had possessed one advantage. His in- 
clination was his policy of Reconstruction ; or, if policy he had, 
it was not so systematic as to prevent his forging ahead without 
much regard to legal forms and technical obstructions. The 
Republican majority had all along been hampered by Constitu- 
tional difficulties and baffled by their party opponents and the 
Executive. But they had at last formulated a policy. It divided 
the States which had seceded into military districts, and placed 
each under an officer of the army, who was empowered to keep 
the peace and protect person and property until a State conven- 
tion could be chosen and a State government formed which re- 
cognized citizenship without regard to race, color or previous 
condition, and contained a ratification of the Thirteenth and 
Fourteenth Amendments to the Constitution. Then only would 
Congress agree to readmit the State. This was the bill "To 
Provide Efficient Governments for the Insurrectionary States," 
and designed to secure to the country some of the fruits of the 
war, which, it was thought, the President was fast frittering 
away. It was passed, vetoed, and passed over the veto, March 
2, 1867. 

Here was a carefully outlined Congressional policy against a 
loose unsystematic Executive policy. To make the conflict 
sharper, the same day witnessed the passage of the Tenure of 
Office bill, also over the veto, by a strictly party vote in the 
Senate of 35 to 11, and in the House of 138 to 40. It made 
the Senate, which was a recognized part of the appointing power, 
a party also to removal from office by providing that the Presi- 
dent's removals during recess should not be final unless approved 
by the Senate, and that if appointees during recess were not ap- 
proved by the Senate, the old incumbent held his place. The 
design was to prevent wholesale removals during recess and the 
setting up of a Cabinet and Department officers who might fur- 



458 POLITICAL HISTORY. 

ther frustrate the will of Congress. Violation of its provisions 
was declared a high misdemeanor. This somewhat original and 
summary work of Congress now went before the country for ap- 
proval or rejection, as did the conduct of the President. A 
Tariff act was passed March 2, 1867, which made the duties on 
wool and woollen goods highly protective. Congress adjourned 
sine die, March 3, 1867. 

FORTIETH CONGRESS— ^^\.X2. Session.— Met March 4, 
1867, according to act passed at second session of Thirty -ninth 
Congress. The issue between the Congress and President had 
been carried into the Congressional campaign, and the result 
was a return of a Republican majority. The Senate stood 40 
Republicans to 14 Democrats, the House 138 Republicans to 
47 Democrats. House organized by re-electing Schuyler Col- 
fax, Republican, Indiana, Speaker. Positive legislation was not 
the design of the meeting. It was a session for the emergency, 
a policing of a critical situation, an overseeing of previous legis- 
lation, that it might be executed, at least not frustrated. The 
continuity of the session was secured by an adjournment on 
March 30, 1867, to meet July 3, 1867. A second adjournment was 
had July 20, to meet Nov. 21. A third adjournment was had 
Dec. 2, 1867. 

FORTIETH CONGRESS— Yixst Regular Session.— Met 
Dec. 2, 1867. Before legitimate work could begin, the President 
renewed his contest by removing Edwin M. Stanton, Secretary 
of War, Feb. 21, 1868, and appointing Lorenzo Thomas in his 
place, contrary to the provisions of the Tenure of Office Act. 
The Senate resolved that " the President had no power to re- 
move the Secretary of War and designate any other officer to 
perform the duties of the office." On the 24th the President 
sent a message to the Senate claiming the right of removal on 
the ground that Stanton was an appointee of his predecessor, 
and was now holding only by sufferance, and that therefore he 
was not removing an appointee under the Tenure of Office Act. 

A resolution to impeach the President passed the House on 
the 24th, by a vote of 126 to 47. Articles were drawn bearing 
Dn his violation of the act xn question, which passed the House 




EDWIN M. STANTON. 



f* 




SCHUYLER COLFAX. 



459 



460 POLITICAL HISTORY OF 

on March 2. On the 5 th, the trial began, and lasted till May 
16, when a test vote was taken on the Eleventh Article, a 
leading one. The result was, for conviction, 35 Senators; for 
acquittal, 19 Senators, 14 of the latter being Democrats and 5 
Republicans. The Constitution requiring a two-thirds vote to 
convict, the verdict was acquittal on this article. On May 26, 
a vote was had on the first and second articles, with the same 
result. It being evident that conviction could not be had, no 
other votes were taken and the Court of Impeachment adjourned 
sine die. 

The political differences between the President and the Repub- 
lican party were not softened by the impeachment trial, yet sin- 
gularly enough the party did not suffer by its failure to convict, 
nor did the President cease to pursue his policy of Reconstruc- 
tion, save where he was hedged by Congress, till the end of his 
term, when he retired to his native State, quite restored to the 
favor of his old political associates, with whom he had broken 
on the questions which gave rise to the rebellion. 

Congress adjourned, July 27, 1868. 

ELECTION OF 1868.— The Republican National Conven- 
tion met at Chicago, May 20, 1868, and nominated Ulysses S. 
Grant, 111., for President, and Schuyler Colfax, Ind., for Vice- 
President. The platform (i) congratulated the country on the 
success of the reconstruction policy of Congress. (2) Approved 
of equal suffrage to all loyal men in the South, and of the doc- 
trine that it was a question properly belonging to the loyal States. 
(3) No repudiation of the National promises to pay. (4)|pqual- 
ization and reduction of taxation. (5) Reduction of interest on 
National debt, and gradual payment of same. (6) Improvement 
of our credit. (7) Denounced the corruptions of the Johnson 
administration, and urged economy. (8) Lincoln's death re- 
gretted ; Johnson's treachery denounced. (9) Protection of the 
rights of naturalized citizens. (10) Honor to the soldiers. (11) 
Encouragement of foreign immigration. (12) Sympathy for all 
oppressed people struggling for their rights ; commendation of 
those who served in the Rebellion, for their co-operation in 
securing good government in the South. 



THE UNITED STATES. 461 

The Democratic National Convention met at New York, July 
14, 1868, and nominated for President, Horatio Seymour, N. Y., 
and for Vice-President, Francis P. Blair, Mo. The platform (i) 
recognized the question of secession and slavery as settled by 
the war. (2) Demanded immediate restoration of the Southern 
States, and the settlement of the question of suffrage by the 
States themselves. (3) Amnesty for all past offences. (4) Pay- 
ment of the public debt in lawful money, where coin is not called 
for. (4) Equal taxation; one currency. (5) Economy; abolition 
of the Freedmen's Bureau ; a Tariff for revenue, with incidental 
Protection. (6) Reform of abuses in administration ; independ- 
ence of Executive and Judicial branches ; subordination of mil- 
itary to civil power. (7) Maintenance of the rights of naturalized 
citizens. (8) General arraignment of the Republican party, and 
gratitude to Johnson for " resisting the aggressions of Congress." 

The campaign was an active one. The leading topics were 
the Reconstruction measures of the Republican party, and equal 
suffrage. The latter was a new question, given prominence by 
the condition of the freedmen, and by the probability that they 
would not be able to maintain their rights as citizens without 
the ballot. It may be said that the verdict of the campaign led 
to the proposal and adoption of the Fifteenth Amendment. 
Grant's apothegm, " Let us have Peace," did much to tone the 
severities of a campaign which would else have been very bitter, 
owing to the hostility of the Republicans toward the Adminis- 
tration. And as to the merits of the issue between the Congress 
and President — that is, as to whether the Congress or President 
had a right to fix the terms on which a revolting State could be 
readmitted — the verdict was in favor of Congress and its plan of 
approving of the Constitution of the applicant States, just as in 
case of Territories when they first applied for admission. The 
November result was a decided Republican victory. 

FORTIETH CONGRESS—Second Session.— Met Dec. 7, 
1868. The leading political measure was the Fifteenth Amend- 
ment to the Constitution, which conferred the right of suffrage 
on all citizens, without distinction of " race, color, or previous 
condition of servitude." It passed Feb. 25, 1869, and by March 



462 POLITICAL HISTORY OF 

30, 1870, was ratified by three-fourths of all the States. In Con- 
gress it was a distinctive party measure, drawing full Democratic 
opposition. Before the country, it met with a conservative Re- 
publican opposition, partly because it was regarded as too radical 
an advance, and partly because it got complicated with the ques- 
tion of amnesty, as advocated by Mr. Greeley and a school of 
statesmen who thought that " universal amnesty " ought to pre- 
cede, and be a consideration for, " universal suffrage." 

The Electoral count showed 214 votes for Grant and Colfax, 
and 80 for Seymour and Blair. A question was raised over the 
9 votes of Georgia, but as they did not affect the result, it was 
not urged. Congress adjourned sine die, March 3, 1869. Grant 
and Colfax were sworn into office on March 4. 

XXI. 
GRANT'S FIRST ADMINISTRATION. 

March 4, 1869 — March 3, 1873. 

Ulysses S. Grant, III., President. Schuyler Colfax, Ind., 

Vice-President. 



Congresses. Sessions. 

( I, March 4, 1869-April 10, 1869, extra session. 
Forty-first Congress. \ 2, December 6, 1869-July 15, 1870. 

(3, December 5, 1870-March 3, 1871. 

{I, March 4, 1871-April 20, 187 1, extra session. 
2, December 4, 1871-June lo, 1872. 
3, December 2, 1872-March 3, 1873. 

ELECTORAL VOTE. * 

Republican. Democrat. . 

Basis of Ulysses S. Schuyler Horatio Sey- Francis P. 

States. 127,381. Vote. Grant, 111. Colfax, Ind. mour, N. Y. Blair, Mo. 

Alabama 6 8 8 8 

Arkansas 3 5 5 5 

California 3 5 5 5 •• 

Connecticut 4 6 6 6 

Delaware I 3 .. .. 3 3 

Florida i 3 3 3 

Georgia 7 9 ., ,. 9 9 

Illinois 14 16 16 16 



• • 



* Popular vote — Grant, 3,015,071 — 26 States; Seymour, 2,709,613 — 8 States; 
not voting, 3 States. 



THE UNITED STATES. 



463 



Basis ot 

States. 127,381. Vote. 

Indiana ii 13 

Iowa 6 8 

Kansas . . ". I 3 

Kentucky 9 il 

Louisiana 5 7 

Maine 5 ^ 

Maryland 5 7 

Massachusetts lO 12 

Michigan 6 8 

Minnesota 2 4 

■^Mississippi 5- 7 

Missouri 9 II 

Nebraska I 3 

Nevada I 3 

New Hampshire. ... 3 5 

New Jersey 5 7 

New York 31 33 

North Carolina 7 9 

Ohio 19 21 

Oregon I 3 

Pennsylvania 24 26 

Rhode Island 2 4 

South Carolina .... 4 6 

Tennessee 8 lO 

*Texas 4 6 

Vermont 3 5 

■^Virginia 8 lO 

West Virginia 3 5 

Wisconsin 6 8 

Totals 243 317 



Republican. 


Democrat. 




Ulysses S. 
Grant, 111. 


Schuyler 
Colfax, Ind. 


Horatio Sey- 
mour, N. Y. 


Francis P. 
Blair, Mo. 


13 

8 




13 

8 






« • 


3 




3 


• • 

II 




• • 

II 






• • 


7 




7 



12 


12 




8 


8 




4 


4 




. . 


. . 




II 


II 




3 


3 




3 


3 




5 


5 






• • 


7 


• • 


.. 


33 


9 


9 




21 


21 




26 


26 


3 


4 
6 


4 
6 




10 


10 






• • 




5 


5 




• • 


• • 




5 
8 


1 





7 
33 



214 



214 



80 



80 



THE CABINET. 

Secretary of State E. B. Washburne, III. 

Secretary of Treasury .Geo. S. Boutwell, Mass. 

Secretary of War John A. Rawlins, 111. 

Secretary of Navy Adolph E. Borie, Pa. 

-Secretary of Interior Jacob D. Cox, Ohio. 

Attorney- General E. R. Hoar, Mass. 

Postmaster-General J. A. J. Creswell, Md. 



FORTY-FIRST CONGRESS— E^irdi Session.— Met March 
4, 1869, with a very large Republican majority in both branches. 
The Senate stood 58 Republican, 10 Democrat, and 8 vacancies; 
the House, 149 Republican, 64 Democrat, and 25 vacancies; 
Mississippi, Texas, Virginia and Georgia not being represented. 
The House organized by electing James G. Blaine, Me., Speaker. 



* These States not yet readmitted. 23 votes lost. 



464 POLITICAL HISTORY. 

This brief session was made interesting by a strictly party 
struggle over the admission of Texas, Virginia and Mississippi, 
before they had ratified the Fourteenth Amendment to the Con- 
stitution. On April lo a bill passed which required them to 
submit their constitutions as they stood to the people, and their 
Legislatures to ratify both the Fourteenth and Fifteenth Amend- 
ments, after which they would be readmitted. The extra session 
adjourned April lo, 1869. 

FORTY-FIRST CONGRESS— Yirst Regular Session.— Met 
December 6, 1869. The lot of President Grant had not thus 
far been a happy one. Unlike his predecessor, he had no policy 
of Reconstruction aside from the acts of Congress, and these he 
declared he would enforce, on the principle that the best way 
to secure the repeal of such as were objectionable was to show 
their defects by actual and literal enforcement. But in this he 
was largely headed off by a condition of affairs in the late rebel- 
lious States, which was then attributed to the mistaken policy 
of President Johnson. From whatever cause, a party arose in 
the Southern States which prided in the name of " Unrecon- 
structed" and " Irreconcilable." It opposed the Reconstruction 
acts of Congress, and especially the Fourteenth and Fifteenth 
Amendments to the Constitution. Further, many Northern 
men had settled in Southern States. These, being in favor 
with the negroes, and naturally supporters of the government, 
gained a control of local politics which made them enemies of 
the " Unreconstructed." They were denounced as "Carpet- 
Baggers," and the State governments they erected and supported 
as " Carpet-Bag Governments." But as they were operating 
under color of local law, and insisting on rights for the citizen 
which the Constitution plainly gave him, they could hardly be 
ousted by regular forms. Ousted they must be, however. The 
plan of terrorizing the negroes was hit upon. This was perfected 
and carried out by those secret organizations which became 
known as the Ku-Klux-Klan. Their operations were so effective as 
not only to intimidate the negroes but to drive out the Northern 
immigrants. This achieved, the doctrine of "a white man's gov- 
ernment" became popular, and under it the regime of the respec- 




ELIHU B. WASHBURNE. 




30 



GEORGE S. BOUTWELL. 



465 



4gg POLITICAL HISTORY OF 

tive States passed back into the hands of those who had made, 
supported and controlled them before the rebellion. 

The operations of the Ku-Klux-Klan had not only been 
locally violent, but defiant of the Reconstruction acts of Con- 
gress. Hence the President found his authority practically ig- 
nored. All the time, too, questions arose as to the constitution- 
ality of the Reconstruction acts. These occasioned delays and 
invited dangers. In the latter part of 1869 the Supreme 
Court came to his assistance and greatly strengthened his hands 
by a decision to the effect " that Congress had the power to re- 
establish the relations of any rebellious State to the Union." 
This decision sustaining the policy of Congress and the Republi- 
can majority modified the tone of the Democrats, and in a great 
measure changed their purpose to make Reconstruction a central 
party feature. 

The above situation gave rise to the Enforcement act, passed 
May 31, 1870, by a party vote, which gave to the President all 
needed powers to protect the freedmen and punish the perpetra- 
tors of outrages against white and black. Enforcement of this 
act did much to awaken Southern sentiment to the extent and 
danger of the '* Klan" and to correct its abuses. It fell into dis- 
repute, but was succeeded by other more open and ingenious, 
yet not less effective, means of intimidation, some of which took 
the shape of " Rifle Clubs," the " White League," and so on, all 
of which were harder to meet by legal processes than the more 
violent " Klan." 

Before the close of this session the halting States of Virginia, 
Georgia, Texas and Mississippi had complied with the conditions 
of reconstruction and were readmitted. This practically com- 
pleted the work of reconstruction so far as the States were con- 
cerned ; that is, they had complied with the forms of law, but 
much remained to be done to insure equitable enforcement of 
law. By July 15, 1870, the date on which Georgia was received, 
after hanging back with her ratification of the Fifteenth Amend- 
ment, the happy spectacle of a restored Union was again pre- 
sented, though the votes of Arkansas and Louisiana were not 
received on account of technical objections in 1872, 



THE UNITED STATES. 467 

The other leading political acts of the session were one to 
enforce the Fifteenth Amendment, and one to amend the naturali- 
zation laws. The latter law made penal the issue of fraudulent 
naturalization papers, and authorized Federal supervisors of Con- 
gressional elections in cities of over 20,000 inhabitants. The 
Democrats opposed it on the ground that it was unconstitutional ; 
the Republicans favored it on the charge of frauds in New York 
by which the State had been carried for Seymour. They used 
with effect the language of Horace Greeley that '' more votes 
had been cast for Seymour in one of the warehouse wards of 
the city than there were men, women, children, cats and dogs 
in it." 

In March, 1870, the Constitutionality of the Legal Tender 
Act of 1862 came before the Supreme Court as newly organized. 
It was decided to be constitutional. This was a partisan issue 
from beginning to end. The Republicans pleaded absolute 
necessity as a support for the law; the Democrats claimed that 
it was an inexcusable stretch of constitutional power. The 
former were consistent with that liberal interpretation of the 
Constitution on which they based their ideas of Internal Im- 
provement, Protection to American Industries, and scores of 
measures relating to war and reconstruction. The latter were 
hardly so consistent, for very many of them, when members of 
the Confederate Congress, had for reasons of imperative necessity 
advocated the issue of similar money, and that too, with the 
" promise to pay " extended to a period beyond which the inde- 
pendence of the Confederacy should be recognized. 

The decision, notwithstanding its opposition, soon won popu- 
larity, and greatly increased the national credit. The popular- 
ized " Greenback " soon after became the banking capital of a 
new party. The Tariff Act of July 14, 1870, had the effect 
of greatly enlarging the free list. Congress adjourned, July 15, 
1870. 

FORTY-FIRST CONGRESS—Second Session.— Met Dec. 
5, 1870. Reconstruction being completed in form, all the States 
were represented for the first time since 1861. The Senate stood 
61 Republicans; 13 Democrats; the House, 172 Republicans; 71 



468 POLITICAL HISTORY OF 

Democrats. The President's message advocated the annexation 
af San Domingo. This gave rise to a bitter opposition on the 
part of Charles Sumner, which took the shape of direct attack 
on the administration. A commission was appointed which 
reported favorably, and the matter was dropped. 

A supplement to the enforcement act was passed, Feb. 28, 
1 87 1. It incurred the usual Democratic opposition, and was 
passed by a strict party vote. It extended the power of super- 
visors and marshals, and gave the Federal Courts jurisdiction 
of cases arising out of violation of the Fifteenth Amendment. 
On March 3 the first civil service act in the history of the 
government was passed. Under it a commission was appointed, 
whose recommendations were not cordially received. Congress 
adjourned sine die, March 3, 1871. 

• FORTY-SECOND CONGRESS — Extra Session. — Met 
March 4, 1871. The Republicans had suffered somewhat in 
their representation. The Senate stood, Republicans, 57 ; Demo- 
crats, 17; House, Republicans, 138; Democrats, 103. House 
organized by re-electing James G. Blaine, Me., Speaker. 

The leading political act was that of April 20, 1 87 1, known 
as the Ku-Klux Act. It was aimed directly at the secret organ- 
izations existing in Southern States, which could not be effectually 
reached under the enforcement acts of the previous session. 
Indeed, these acts were proving weak in all respects, and in 
view of the opposition they were meeting with, their propriety 
was beginning to be questioned. Congress adjourned, April 20, 
1871. 

FORTY-SECOND CONGRESS— First Regular Session.— 
Met Dec. 4, 1871. This session gave rise to two acts, both of 
which became noteworthy. The first was The Amnesty Bill. 
In its earliest shape it was a Democratic measure, formulated so 
as to secure the influence of Mr. Greeley, editor of the New 
York Tribune, soon to be the Democratic candidate for President. 
It was baffled by the Republicans for a long time by amend- 
ments adding Mr. Sumner's Supplementary Civil Rights Bill. 
But it finally passed, May 22, 1872. Its effect was to remove 
the disabilities imposed by Sec. 3 of 14th Amendment to the 



THE UNITED STATES. 4g9 

Constitution, from all but about 350 participants in the rebel- 
lion.* 

The second was a Supplementary Enforcement act. The 
former acts of Enforcement, including the Ku-Klux act, were 
not strengthening the hands of the Executive in preserving order 
and securing the rights of citizens, as they were designed to. 
The Democrats were squarely opposed to them, and so was a 
strong minority within the Republican ranks. It became a 
question whether the Congress should retreat or experiment fur- 
ther with a doubtful question. A majority sentiment favored 
another trial. Consequently the bill of June 10, 1872, was 
passed, which gave any citizen deprived of his rights access to 
the Federal courts, made it a penal offense to deprive, or con- 
spire to deprive, any citizen of his rights under the amendments, 
placed the United States troops at the call of the States to sup- 
press conspiracies, and further declared such conspiracies rebel- 
lions, to be suppressed by Federal force if the States failed- 
This was regarded as the last stretch of Constitutional power in 
time of peace, even by the advocates of the bill. If its effect 
was to hasten the final disintegration of the annoying, defiant 
and cruel " Ku-Klux-Klan," the same cannot be said of those 
more ingenious and popular methods of opposition which were 
relied on as supports of the idea of " A White Man's Govern- 
ment." The Tariff Act of June 6, 1872, made a material reduc- 
tion in duties and added largely to the free list. Congress 
adjourned, June 10, 1872. 

ELECTION OF 1872. — The first party in the field was a new 
one, styling itself " Liberal Republican." This misnomer origin- 
ated in Missouri, in 1870. A Liberal Republican would naturally 
be one who favored a liberal construction of the Constitution. 
But the new Liberal Republicans were those who thought the 
Republicans had already exceeded, in their legislation, ^ the 
powers contained in the Constitution. They were therefore not 
so liberal as the Republicans, but stricter in their interpretations, 
sufficiently strict to draw the Democratic support, as we shall 

* Subsequently other acts removed these disabilities from all who participated ia 
the rebellion, except Jefferson Davis. 



470 POLITICAL HISTORY. 

see. A considerable Republican sentiment had been inclining 
to this movement for some time. It was encouraged by the 
" General Amnesty " idea, advocated by Mr. Greeley and by 
others who were at the time called " Sentimentalists." The fail- 
ure of so many of the Reconstruction measures of Congress to 
bring about desired results, the opposition they all excited, the 
growing thought that they were of doubtful propriety, and even 
of doubtful constitutionality, considering that they had no 
longer the imperative necessity of war as a basis of vindication, 
further encouraged the movement. 

In 1870 the Republican party, then in control of the Legisla- 
ture of Missouri, split over the question of the removal of dis- 
abilities from Confederates, under the State Constitution. Those 
favoring removal, headed by B. Gratz Brown and Carl Schurz, 
called themselves Liberal Republicans ; those opposing removal 
accepted the name of Radical Republicans. The former tri- 
umphed. This was the nucleus around which kindred sentiment 
gathered throughout the country. It gained headway by acces- 
sions in several States, as Mr. Greeley and Mr. Fenton in New 
York, Curtin in Pennsylvania, Trumbull in Illinois, and Charles 
Francis Adams in Massachusetts. The Democrats in Congress 
had fostered the sentiment. In the spring of 1871 there had 
been an actual fusion of the Liberal Republicans and Democrats 
in Ohio. The leaders denounced the Enforcement acts of Con- 
gress and the efforts of the administration to bring about Recon- 
struction under them. On the basis of a common feeling it was 
thought the Democratic party could be captured by the move- 
ment. A call was issued from Missouri, Jan. 24, 1872, for a 
National Convention of Liberal Republicans, at Cincinnati, on 
May I. It nominated Horace Greeley, N. Y., for President, and 
B. Gratz Brown, Mo., for Vice-President. The platform (i) re- 
cognized the equality of all men ; (2) pledged the party to 
Union, emancipation, enfranchisement, and to oppose the open- 
ing of any question settled by the Thirteenth, Fourteenth and 
Fifteenth Amendments ; (3) demanded the immediate removal 
of all disabilities ; (4) local self-government with impartial suf- 
frage, for the nation a return to the methods of peace ; (5) Thor- 




HORACE GREELEY. 




CARL SCHURZ. 



471 



472 POLITICAL HISTORY OF 

ough reform of the civil service, no President a candidate for re- 
election ; (6) modest revenue for all the needs of the government ; 
on the matter of a tariff, the question relegated to the people of 
the Congressional districts for discussion ; (7) maintenance of 
public credit, return to specie payments, honor for the soldier, 
no more land grants to railroads, fair dealing with foreign 
powers. 

The Republican National Convention met at Philadelphia, 
June 5, 1872, and renominated for President Ulysses S. Grant, 
111., and nominated for Vice-President Henry Wilson, Mass. Its 
platform (i) pointed, as the result of Republican policy, to a 
suppressed rebellion, emancipation, equal citizenship, universal 
suffrage, no punishment of men for political offences, a humane 
Indian policy, a Pacific railroad, public lands freely given to ac- 
tual settlers, protected immigration, uniform national currency^ 
high national credit, careful collection and expenditure of rev- 
enue, large reduction of taxes and of public debt; (2) enforcement 
of the new amendments to Constitution; (3) enjoyment of civil 
and political liberty by all, no discrimination as to citizenship on 
account of race, color or previous condition ; (4) an improved civil 
service; (5) no more land grants to corporations, but free homes 
for the people ; (6) gradual reduction of the public debt, Tariff 
for protection ; (7) honor to soldiers and sailors, abolition of 
franking privilege, reduction in rate of postage, approval of the 
administration, repudiation denounced, additional rights for 
women, amnesty approved, respect for the rights of States. 

The Democratic National Convention met in Baltimore, July 
9, 1872. B}^ pre-arrangement and with the hope of triumph 
through the Republican schism it accepted the platform and 
nominees of the Liberal Republicans, and thus stood fully com- 
mitted to " emancipation and enfranchisement, and to oppose any 
reopening of the questions settled by the Thirteenth, Four- 
teenth and Fifteenth Amendments to the Constitution," and to 
the further doctrine " that it is the duty of the government to 
mete out exact justice to all, of whatever nativity, race, color or 
persuasion, religious or political." 

A Straight-out Democratic National Convention met at Louis- 



THE UNITED STATES. 473 

ville, Ky., Sept. 3, 1872, and nominated for President Charles 
O'Conor, N. Y., and for Vice-President John Quincy Adams, 
Mass. The platform was a plea for the rights of the States and 
a repudiation of the Baltimore Convention as a betrayal of the 
Democratic party " into a false creed and a false leadership." 

The Temperance, or Prohibition, party met in National Con- 
vention, for the first time as a nominating body, at Columbus, 
Ohio, Feb. 22, 1872, and nominated for President James Black, 
Pa., for Vice-President John Russell, Mich. The platform de- 
clared that as all political parties had proved unwilling to adopt an 
adequate policy on the question of traffic in intoxicating drinks; 
therefore (i) the party pledges itself to the principles of the 
Declaration and Constitution ; (2) that effective legal prohibition. 
State as well as national, is the only means of suppressing traffic 
in intoxicants; (3) that existing party competition for the liquor 
vote is a peril to the nation ; (4) dissuasion from the use of in- 
toxicants, competency, honesty and sobriety as qualifications for 
office, no removals from office for political opinion, prevention 
of corruption and encouragement of economy, direct vote of 
the people for President, a sound national currency, redeemable 
in gold, labor reform, suffrage without regard to sex, fostering 
of the common schools. 

The campaign was peculiar in every respect. The Republi- 
cans were sanguine, and scarcely needed to use ordinary cam- 
paign energies. The Democrats were cold toward their nominee, 
and mistrustful of the situation from the start. The Liberal 
Republicans bore the " heat and burden " of the day, their can- 
didate even taking the stump, or rather making long railroad 
jaunts for the purpose of meeting with and inspiring his 
admirers. 

The November result was not a realization of Liberal Repub- 
lican hopes. They had not captured the Democratic party. 
The strength they brought to that party was far more than off- 
set by Democratic desertions to the Republicans or outright re- 
fusals to vote. Nor was it any more a realization of Democratic 
hopes. The expected profit from Republican schism was not 
forthcoming at the polls. " Fusion had resulted in confusion," 
was wittily said of the after-election situation. 



474 POLITICAL HISTORY OP 

FORTY-SECOND CONGRESS — SQcond Session.— Met 
Dec. 2, 1872. An interesting measure of the session was the 
creation of the Credit MobiHer commission by the House. It 
was created at the instance of RepubHcans to inquire into the 
truth of charges made against prominent men during the cam- 
paign by Democratic orators. The commission, consisting of 
two RepubHcans, one Liberal RepubHcan, and two Democrats, 
made a full investigation and practically exonerated the mem- 
bers charged, except Oakes Ames and James Brooks, who re- 
ceived the condemnation of the House. 

The Franking privilege was abolished, the President's salary 
raised to ;^ 5 0,000, and the salary of Senators and Representatives 
to ;^7,500. This was the offensive " salary grab " which met 
with such condemnation as to defeat many of the members who 
participated in its passage. It was speedily repealed. 

The electoral count in February showed 286 votes for Grant 
and Wilson. Mr. Greeley died in November. The 66 Demo- 
cratic electors therefore voted for other persons. Of these 42 
voted for Thomas A. Hendricks, Ind., for President, with 24 
scattering. Three of the scattering were for Greeley. They 
were rejected. B. Gratz Brown received 47 for Vice-President, 
with 19 scattering. A grave question arose over the vote of 
Louisiana and Arkansas. Two sets of Returning Boards existed 
in these States, each of which had forwarded returns. The re- 
sult was that both were rejected, and these two States lost their 
vote. 

Congress adjourned sine die^ March 3, 1873. On March 4 
Grant and Wilson were sworn into office. 

XXIL 

GRANT'S SECOND ADMINISTRATION. 

March 4, 1873 — March 3, 1877. 
Ulysses S. Grant, III., President. Henry Wilson, Mass., 

Vice-President. 

Congresses. Sessions. 

Forty third CoNCREsq / ^' December i, 1873-June 23, 1874. 
I-ORTY-THIRD CONGRESS. | ^^ December 7, 1874-March 3, 1875. 

Forty fourth Congress / ^' December 6, 1875-August 15, 1876. 
rORTY FOURTH CONGRESS. ^ ^^ December 4, 1876-MarGh 3, 1877. 



THE UNITED STATES. 



475 



ELECTORAL VOTE^ 



Basis of 
States. 131,425. 

Alabama 8 

Arkansas 4 

California 4 

Connecticut ...... 4 

Delaware I 

Florida 2 

Georgia 9 

Illinois 19 

Indiana 13 

Iowa 9 

Kansas 3 

Kentucky 10 

Louisiana 6 

Maine 5 

Mai-yland 6 

Massachusetts ....11 

Michigan 9 

Minnesota 3 

Mississippi 6 



Missouri 



13 





Republican, Lib. Republican. 




Ulysses 


Henry Horace B. Gratz 




S. Grant, 


Wilson, Greeley, Brown. 


Vote. 


111. 


Mass. N 


. Y. Mo. 


10 


10 


10 




6 


, , 


, , 


. . Not counted. 


6 


6 


6 




6 


6 


6 




3 


3 


3 




4 


4 


4 


■ 6 for Brown. 


II 


• • 


•• { 


2 for Perkins, Dem., Ga. 

3 for Greeley (not counted) 


21 


21 


21 


• . . . 


15 


15 


15 


. . 


II 


II 


II 


• • • . 


5 


5 


5 


• • 


12 






r 8 for Hendricks,, D., Ind 


• • 


\ 4 for Brown, Mo, 


8 


• • 


• ■ 


. . Not counted. 


7 


7 


7 




8 






. . 8 for Hendricks 


13 


13 


13 




II 


II 


II 




5 


5 


5 




8 


^ 


8 


f 8 for Brown. 


15 


• • 


• • -< 


6 for Hendricks. 
I for Davis. 


3 


3 


3 




3 


3 


3 




5 


5 


5 




9 


9 


9 




35 


35 


35 




10 


10 


10 




22 


22 


22 




3 


3 


3 




29 


29 


29 




4 


4 


4 




7 


7 


7 




12 


, , 


• • • 


. . 12 for Hendricks. 


8 


• • 


* * « 


. . 8 for Hendricks, 


5 


5 


5 




II 


II 


II 




5 


5 


5 




10 


10 


10 




66 


286 


286 





Nebraska I 

Nevada I 

New Hampshire . . 3 

New Jersey 7 

New York 33 

North Carolina 8 

Ohio 20 

Oregon I 

Pennsylvania ... . . 27 

Rhode Island 2 

South Carolina. ... 5 

Tennessee 10 

Texas 6 

Vermont 3 

Virginia 9 

West Virginia .... 3 
Wisconsin 8 

Total 292 

* The death of Mr. Greeley before the Electoral count caused the casting of his 66 
votes as scattering. The above table indicates the way they went for President. 
For Vice-President the vote was still more scattered. Brown, Liberal Republican, 
Mo,, received 47 ; Julian, Democrat, Ind., 5 ; Colquitt, Democrat, Ga., 5 ; Palmer, 
Democrat, 111,, 3; Bramlette, Democrat, Ky,, 3; Groesbeck, Democrat, O., i; 
Macken, Democrat, Ky,, i; Banks, Liberal Republican, Mass., i. The 14 votes 



476 POLITICAL HISTORY. 

THE CABINET. 

Secretary of State Hamilton Fish, N. Y Continued. 

Secretary of Treasury William A. Richardson, Mass, 

Secretary of War William W. Belknap, Iowa. . .Continued. 

Secretary of Navy George M. Robeson, N. J " 

Secretary of Interior Columbus Delano, Ohio " 

Attorney- General Geo. H. Williams, Oregon " 

Postmaster-General J. A. J. Creswell, Md " 

FORTY-THIRD CONGRESS— Yixst Session.— Met Dec. I, 
1873. The Republican majority was still large. Senate: 50 Re- 
publicans, 19 Democrats, 5 Liberal Republicans. House: 198 Re- 
publicans and 91 Democrats, with a sprinkling of Liberal Repub- 
licans. House organized by re-electing James G. Blaine Speaker. 
The business depression which culminated in the panic of 1873 
made cautious financial legislation necessary. An act increas- 
ing the national currency to ;^400,000,000 was vetoed as tend- 
ing to inflation at a time when the tendency should be toward 
resumption of specie payments. The bill could not be passed 
over the veto for want of the necessary two-thirds, though a 
strong minority in both parties thought inflation the proper 
remedy. This idea became the Basis of the Greenback party, 
which began to figure about this time. 

Lengthy debates which took a party turn were indulged over 
a Republican measure to regulate inter-State commerce. So 
with Sumner's Civil Rights bill, which was designed to secure 
to the colored citizens the rights comprehended in the Four- 
teenth Amendment. It passed the House, but got no further. 

An act was passed Sept. 14, 1872, which referred all matters 
in dispute between this country and England to what became 
known as the Geneva Commission. This Commission now re- 
ported that the sum of ;^ 15,500,000 was due the United States 
for damages occasioned to American commerce by privateers 
fitted out under British auspices, bearing the British flag, or 
permitted to sail from British ports. At this session a Commis- 
sion was raised to distribute this award (June 23, 1874). 

of Arkansas and Louisiana were not counted on account of frauds in the elections 
and duplicate counts by two opposing Returning Boards. The popular vote was: 
Grant, 3,597,070 — 31 States ; Greeley, 2,834,079 — 6 States; O' Conor, 29,408; Black, 
5,608. 




HENRY WILSON. 




HAMILTON FISH. 



477 



478 POLITICAL HISTORY OF 

What was known as the Poland Utah Bill became a law. It 
created a District Court for the Territory, and excluded polyga- 
mous persons from the jury-box when bigamy cases were being 
tried. 

The Tariff Act of June 22, 1874, was passed. It was an effort 
to correct the tendency of the act of 1872 toward low rates of 
duty. The act of 1872, as well as the preceding one, had been in 
the line of reduction. The panic of 1873 had taught the folly of 
too rapid a reduction of rates, or too wide a departure from the 
protective idea. The act of 1874 stiffened rates on dutiable 
articles, clung to the protective idea, and at the same time allowed 
a liberal free list, mostly of raw or unmanufactured articles. 

Congress adjourned, June 23, 1874. 

FORTY-THIRD CONGRBSS—Second Session.— Met Dec. 
7, 1874. The Administration was pinched in its Southern policy. 
In Louisiana, for instance, two hostile State governments were 
in existence, the one favorable to the rights of all citizens, the 
other working under the auspices of the White League. They 
had gotten to blows. Blood had run in the streets of New Or- 
leans. The riots there, not to dignify them as war, threatened 
to culminate in a war of races. The President had been appealed 
to. The time had passed for that active interference which the 
early period of reconstruction might have warranted. Yet he 
could do no less than make some kind of effort for peace, and 
naturally in behalf of the government which recognized the 
largest liberty and secured the amplest rights to all citizens. 
Such interference was turned greatly to his hurt by politicians. 
It was somewhat of an unfortunate juncture, for the President's 
Private Secretary, O. E. Babcock, came to trial for complicity 
with the " Whisky Ring," but was acquitted and resigned. 
Then came the impeachment of Belknap, Secretary of W^ar 
(July 26, 1876), on the charge of selling an Indian trading es- 
tablishment. He, too, was acquitted. But by this conspiracy 
of circumstances the Administration suffered, and perhaps un- 
justly, for though the efforts of its enemies were desperate to 
bring some of the alleged irregularities home to the White 
House, they in no case succeeded. All these things, however, 



THE UNITED STATES. 479 

had their effect on public sentiment and contributed to bring 
about that political whirl v/hich made the Forty-fourth Congress 
Democratic. 

This session was marked by the passage of the Civil Rights 
bill, by a strict party vote. It secured the approval of the Pres- 
ident, March i, 1875. It is the bill which the Supreme Court 
decided to be unconstitutional (October, 1883), ^^ the ground 
that the authority conferred on Congress by the Fourteenth 
Amendment to give such amendment effect by appropriate legis- 
lation, was not an authority which took away from States the 
power to do the same thing, or interfered with their right to 
do it. 

On Feb. 24, 1875, House bill to permit Colorado to form a 
State government was passed by a strict party vote, and so, or 
nearly so, of the Resumption Act of Jan. 14, 1875. In this in- 
stance, the Republicans strove to crown their financial career by 
looking to a period when the National promises to pay should 
reach par in gold and silver. They were antagonized by the 
Democrats, who, for the time being, seemingly forgot their hard 
money notions of the Jackson era. 

The Tariff Act of Feb. 8, 1875, stiffened the rates on silks, 
wines, tin-plates, and some other articles. 

Congress adjourned sine die, March 3, 1875. 

FORTY-FOURTH CONGRESS— Y\x?.\. Session.— Met Dec. 
6, 1875. The House was Democratic and the Senate Repub- 
lican. The former organized by electing Michael C. Kerr, Ind., 
Speaker. This lengthy session was barren of far reaching polit- 
ical results, owing to the attitude of the two Houses. The Demo- 
crats in the House cultivated their majority situation, so as to 
stand well before the country during the next presidential cam- 
paign, by advocating a reduction of appropriations, taxation, etc. 
In most of their efforts they were met half way by the Repub- 
licans. Congress adjourned, August 15, 1876. 

ELECTION OF 1876.— The year 1875 had been one of 
political turmoil, especially in the Southern States. It had been 
a year of political reverses for the Republicans in all sections — 
a " tidal wave " year, to use a popular expression. It was evident 



480 POLITICAL HISTORY OF 

that a close election was impending. By the extermination of 
what were called the " carpet bag " governments in the South, 
the Republicans lost much ground there, and could not hope to 
control more than two or three of the States. Owing to side 
parties, the reverses of the previous year, the general feeling of 
weariness over Southern agitation, and especially the hard ac- 
countability to which a dominant party is naturally held during 
financial crisis, many Northern States hitherto strongly Repub- 
lican had become debatable. 

The new party calling itself " The Greenback Party," or rather 
" The Independent Party," met in National Convention, at Indi- 
anapolis, May 17, 1876. This was an attempt to give coherency 
to a movement which had for its object relief of the financial 
stringency and business depression which prevailed. It would 
reach its end by using the credit of the government in the shape 
of Greenbacks, and insisting on a sufficient issue of them to re- 
lieve all stringency and depression. The thought naturally dated 
from 1873, the beginning of the financial crisis. It received en- 
couragement from the fact that the greenback was popular, and 
would ere long be redeemable in gold. But it may be said to 
have received its greatest impetus from the date of the Resump- 
tion Act of 1875. The Democratic party, contrary to its tradi- 
tions, arrayed itself squarely against that measure. It was there- 
fore in a position to ally itself with the Greenbackers. These 
alliances were made in several States, and in some the coalitions 
were successful. Standing alone, the Greenback party obtained 
a hold only in industrial districts, and there more on account of 
the pleasing delusion of unlimited money than of any deeply 
imbedded principle. It nominated for President, Peter Cooper, 
N. Y., and for Vice-President, Samuel F. Carey, Ohio. 

The platform (i) arraigned both the Republican and Demo- 
cratic parties for refusing to foster " financial reform and indus- 
trial emancipation." (2) Demanded the repeal of the Specie 
Resumption Act of Jan. 14, 1875. (3) The United States note 
as a circulating medium, and a legal tender, and insistence on 
Jefferson's theory that " bank paper must be suppressed and the 
circulation restored to the nation to whom it belongs." (4) The 



THE UNITED STATES. 481 

government to legislate for the full development of all legitimate 
business. (5) No further issue of gold bonds. (6) No further 
sale of bonds with which to purchase silver as a substitute for 
fractional currency. 

The American National Party met as early as June 9, 1875, 
in mass meeting, at Pittsburg, and nominated for President, 
James B. Walker, 111. ; for Vice-President, Donald Kirkpatrick, 
N. Y. Its platform favored a Sabbath ; prohibition ; opposed 
secret societies ; favored the thirteenth, fourteenth, and fifteenth 
amendments ; arbitration as a means of averting war ; the Bible 
in schools ; return to specie payments ; a sound Indian policy ; 
a direct vote of the people for President. 

The Prohibition Party met in National Convention at Cleve- 
land, May 17, 1876, and nominated for President, Green C. Smith, 
Ky. ; for Vice-President, G. T. Stewart, Ohio. The platform in- 
vited (i) prohibition in all places under control of the govern- 
ment, and opposed all traffic in alcoholic drinks. (2) Equal 
suffrage and eligibility to office. (3) Lands to actual settlers ; 
reduction of postage, and land and water transportation. (4) No 
lotteries nor stock gambling. (5) Abolition of polygamy; Na- 
tional observance of Sabbath ; Free public schools ; Free use of 
Bible ; Separation of sect from government and schools ; Arbi- 
tration ; direct vote of people for President ; redemption of paper 
money in gold ; economy. 

The Republican party met in National Convention at Cincin- 
nati, June 14, 1876. A significant feature of the Convention 
was the controversy over the method of casting the voice of the 
States. Hitherto the State delegations had voted as a unit, the 
sentiment of a majority of the delegates being the sentiment of 
the State. This rule was now broken and the delegates voted their 
choice directly. Rutherford B. Hayes, Ohio, was nominated for 
President, and William A. Wheeler, N. Y., for Vice-President. 
The platform declared (i) the United States is a nation, not a 
league ; (2) Republican work is not finished until the principles 
of the Declaration are acknowledged in every State; (3) protec- 
tion of all citizens ; rigorous use of all constitutional powers to 

that end; (4) redemption of TJ, S. notes in coin; (5) improved 
3X 



482 POLITICAL HISTORY. 

civil service ; (6) rigid responsibility in office ; (7) no sectarian 
control of schools; sufficient revenue with protection; no more 
land grants to corporations ; protection to emigrants ; enlarged 
rights for women ; extirpation of polygamy ; honor to soldiers ; 
deprecation of sectional lines ; arraignment of Democrats for 
preferring Confederate to Union soldiers in public places; 
approval of the Administration. 

The Democratic party met in National Convention at St. 
Louis, June 28, 1876, and nominated for President, Samuel J. 
Tilden, N. Y. ; for Vice-President, Thomas A. Hendricks, Ind. 
The platform (i) affirmed a need of reform and pledged the 
party to the Union and to acceptance of the amendments as a final 
settlement of the controversies of civil war ; (2) denounced the 
reconstruction policy of Congress ; the failure to make good the 
legal tender notes ; the high taxes and extravagance; the finan- 
cial imbecility which had made no advance toward resumption ; 
the Resumption Act of 1875 as hindering resumption ; demanded 
its repeal; (3) demanded a ''judicious system of economics; " 
reform in taxation ; (4) the existing tariff denounced as a 
''master-piece of injustice, inequality and false pretence ;" (5 ) 
Reform in public land system ; reform in treaties with China ; 
reform in civil service ; in higher grades of service ; in abuses 
of Republican party. 

DISPUTED RESULT.— The result of the election, Nov. 7, 
1876, gave rise to a prolonged dispute which involved many 
grave questions of law, and necessitated the raising of a special 
tribunal for its final determination. Up to the meeting of Con- 
gress the condition of affairs was thus : The election returns 
showed that the Republicans carried all the Northern States 
except New York, Connecticut, New Jersey and Indiana, and 
that the Democrats had carried all the Southern States except 
Louisiana, Florida and South Carolina. Owing to lack of faith 
in the Returning Boards of these three States, the result was 
disputed by the Democrats. Owing to a similar lack of faith in 
the methods of the Democrats in those -States, the Republicans 
were suspicious of their interference with the Returning Board 
counts and reports. 




SAMUEL J. TILDEN. 



DAVID DAVIS. 




OLIVER P. MORTON. 



JOHN A. LOGAN. 



483 



484 POLITICAL HISTORY OF 

Committees of both parties ^visited the scenes of strife. 
Whether their presence and advice helped a just conclusion has 
never been definitely ascertained. But it did -not take much in- 
vestigation to find that the vote of South Carolina was Republi- 
can, and this the Democratic members of the Congressional 
Investigating Committee conceded. This disposed of one of 
the doubtful States. 

The Returning Board of Florida gave 926 Republican major- 
ity for the Republican electors. It was cited before the Supreme 
Court of the State, and a recount was ordered. This gave 206 
Republican majority. But before this recount was finished the 
electors had met and cast their votes for the Republican nominees. 

The Returning Board of Louisiana, appointed by Gov. Pack- 
ard, made up from the confused returns at their command a 
Republican majority of 3,931. The Returning Board appointed 
by McEnery, who claimed to be Governor, made up from the 
same confused election returns a Democratic majority of 7,876. 

The trouble in Oregon was not one of popular majority, which 
was admittedly Republican, but was over the claim that one of 
the three electors was a Federal office-holder. The Democratic 
Governor of the State therefore certified to two Republican 
electors and one Democratic (Mr. Cronin). The Secretary of 
State certified to the three Republican electors, he being the 
legal canvassing officer. 

FORTY-FOURTH CONGRFSS — Second Session. — Met 
December 4, 1876. The Speaker, Mr. Kerr, having died, Sam- 
uel J. Randall, Pa., was elected to that position. The disputed 
Electoral count occupied almost the entire time of the session. 
The inadequacy of all laws regulating the count was painfully 
manifest. Both parties were firm. The situation was such that 
a false step might have led to an outbreak. The Republicans 
claimed that the President of the Senate had, under the law, the 
sole authority to open and announce the returns in the presence 
of the two Houses. The Democrats claimed that the two 
Houses acting as a joint body could control the count under the 
law. Some Democrats went so far as to say that the House 



THE UNITED STATES. 4g5 

alone could decide when an emergency had arrived in which it 
was to elect a President. 

Danger was avoided by the patriotism of prominent members 
of Congress, of both parties, who after several conferences agreed 
to report the Electoral Commission Act. It passed, and was 
approved Jan. 29, 1877. The Senate vote for it was 47 to 17 
against. Of this 47, 21 were Republicans and 26 Demo- 
crats. Of this 17, 16 were Republicans and i Democrat. It 
therefore had an almost unanimous Democratic support in the 
Senate. The House was Democratic. It passed there by a vote 
of 191 to 86. The act created an Electoral Commission, com- 
posed of five Representatives, five Senators, and five Judges of 
the Supreme Court, 15 in all. Each of these bodies was to select 
its representatives on the Commission. To this Commission 
were referred the disputed returns. Its decision was to be final 
unless overruled by both Houses. The decisions of the Com- 
mission on all the disputed returns were to the effect that the 
electoral vote as certified and sent to the Speaker of the Senate 
by the regularly constituted authorities in each State must be 
accepted as conclusive and beyond investigation or question by 
any authority outside of that State.* The final count as thus 
ascertained gave the Republican nominees 185 Electoral votes, 
and the Democratic 184. Congress adjourned sine die, March 3, 
1877. O^ March 4, Hayes and Wheeler were sworn into office. 

* A remarkable feature of this controversy was the fact that the Republicans 
were standing on old-time Democratic ground and relying on rigid Democratic 
doctrine. They were, for the time being, construing the Constitution strictly and 
insisting on the right of the State to ascertain its own vote and certify and forward 
it in its own way, all of which was to be conclusive on outside tribunals. The Dem- 
ocrats on the other hand combated their old rigid interpretation theories by urging 
that the Congress should reject the certificates from a State Returning Board. 
Happily the political complexion of the two Houses, one Democratic, the other 
Republican, prevented any successful appeal from the decisions of the Commission. 
If both Houses, under the terms of the act, could have agreed to upset any one ot 
the Commission's decisions, then riot, if not civil war, must have ensued. But the 
act was wisely framed with a view to the entire political situation. 



486 



POLITICAL HISTORY. 



XXIII. 
HAYES' ADMINISTRATION. 

March 4, 187;— March 3, 1881. 

Rutherford B. Hayes, Ohio, President. William A. 
Wheeler, N. Y., Vice-President. 



Congresses. 
Forty-fifth Congress. 

Forty-sixth Congress. 



Sessions. 
i,Octoberi5, 1877-Deceraber 3, 1877. Extra Session, 

2, December 3, 1877-June 20, 1878. 

3, December 2, 1878-March 3, 1879. 

1, March 18, 1879-July i, 1879. Extra Session. 

2, December i, 1879-June 16, 1880. 

3, December 6, 1880-March 3, 1881. 



ELECTORAL VOTE.'' 



Basis of 
States. 131,425. 

Alabama 8 

Arkansas 4 

California 4 

Colorado I 

Connecticut 4 

Delaware I 

Florida 2 

Georgia. 9 

Illinois 19 

Indiana 13 

Iowa 9 

Kansas 3 

Kentucky 10 

Louisiana 6 

Maine 5 

Maryland 6 

Massachusetts II 

Michigan 9 

Minnesota 3 

Mississippi 6 

Missouri 13 

Nebraska i 

Nevada i 

New Hampshire 3 

New Jersey 7 

New York 33 

North Carolina 8 

Ohio 20 





Republican. 




Democratic. 


Vote. 


R.B.Hayes, 
Ohio. 


W.A. 

er, N 


Wheel- 
. Y. 


S. J. Til- 
den, N.Y. 


T. A. Hen- 
dricks, Ind. 


10 


. . 




, . 


ID 




10 


6 


, , 




, , 


6 




6 


6 


6 




6 


• • 




, , 


3 
6 


3 




3 


• • 

6 




*6 


3 


• • 






3 




3 


4 


4 




4 








II 






. . 


II 




II 


21 


21 




21 


. . 




. . 


15 








15 




15 


II 


II 




II 


• • 




« . 


5 


5 




5 








12 


, . 




, , 


12 




12 


8 


8 




8 


• • 




, , 


7 
8 


7 




7 


*8 




*8 


13 


13 




13 


• • 






II 


II 




II 


, • 




. . 


5 
8 


5 




5 

• • 


*8 




*8 


15 






• • 


15 




15 


3 


3 




3 


• • 






3 


3 




3 








5 


5 




5 








9 








9 




9 


35 








35 




35 


10 






. . 


10 




10 


22 


22 




22 


, , 




, . 



* The popular vote was : Hayes, 4,033,950 — 21 States; Tilden, 4,284,885 — 17 
States; Greenback, Cooper, 81,740; Prohibition, Smith, 9,522; American, 539; 
scattering, 14,715. 




Blili i iliaiiiaiiiiiiiiii^ 



PRESIDENTS FROM 1869 TO 1884. 



487 



488 POLITICAL HISTORY. 

Electoral Vote — Continued. 



Basis of 
States. 131,425. 

Oregon i 

Pennsylvania 27 

Rhode Island 2 

South Carolina 5 

Tennessee 10 

Texas 6 

Vermont 3 

Virginia ^.., 9 

West Virginia 3 

Wisconsin 8 

Totals 293 





Republican. 


Democratic. 




R. B. Hayes, 


W.A. Wheel- 


S. J. Til- 


T. A. Hem 


Vote. 


Ohio. 


er, N. Y. 


den, N.Y. 


dricks, Ind. 


3 


3 


3 






29 


29 


29 






4 


4 


4 






7 


7 


7 


• • 


« • 


12 


• • 


• • 


12 


12 


S 


• • 


• • 


S 


8 


5 


5 


5 


• • 


• • 


IX 


• • 


• • 


II 


II 


5 


• • 




5 


5 


10 


10 


10 




• • 


369 


185 


185 


184 


184 



THE CABINET. 

Secretary of State William M. Evarts, N. Y. 

Secretary of Treasury John Sherman, Ohio. 

Secretary of War Geo. W. McCrary, Iowa. 

Secretary of Navy Richard W. Thompson, Ind. 

Secretary of Interior Carl Schurz, Mo. 

Attorney-General Charles Devens, Mass. 

Postmaster-General David M. Key, Tenn. 

POLITICAL SITUATION.— ThQ President's inaugural was 
pacific. He visited the South, and the tone of his speeches there 
was very conciliatory. There was a general departure from Re- 
publican ideas respecting the questions which had disturbed the 
reconstructed States. They were given over to such rule as 
seemed inevitable for a long time, in case the Federal troops were 
withdrawn. While the President's conservatism gave rise to 
criticism among his party friends, very many thought it proper 
that he should pursue an intermediate political course in view 
of the circumstances surrounding his election and the seeming 
desire for a breathing spell after the excitement attending the 
electoral count. 

FORTY-FIFTH CONGRESS— Extrsi Session.— Called Oct. 
15, 1877. This Congress, like the Forty-fourth, was Democratic 
in the House, and Republican in the Senate. The latter body 
stood 38 Republicans ; 37 Democrats ; i Independent. The 
House stood 156 Democrats, and 136 Republicans. The House 
organized by re-electing Samuel J. Randall, Pa., Speaker. Party 
lines were strictly drawn over a determined effort of the Demo- 
crats to repeal the Resumption Act. The platform of 1880 




JOHN SHERMAN. 



489 



490 POLITICAL HISTORY. 

pledged the party to repeal. Their measure failed in the Senate. 
The same effort was made in the first regular session of this 
(Forty-fifth) Congress, with no better success. Congress ad- 
journed, Dec. 3, 1877. 

FORTY-FIFTH CONGRESS— Y'lx^t Regular Session.— Met 
Dec. 3, 1877. From this time on financial legislation largely 
occupied the respective sessions. Government income was 
ample for every purpose. The national credit was high. Efforts 
to defeat resumption, fixed for 1879, were made by the Demo- 
crats this session, but failed owing to the Republican majority 
in the Senate. The era of refunding was beginning, and was to 
be carried on till it became evident that the entire public debt 
could be turned into bonds bearing no more than three per cent, 
interest, if such an end should prove desirable. As a conse- 
quence bitter partyism was not indulged in as during slavery 
times and the period of reconstruction, though even these 
financial and business topics could not altogether escape modest 
party colorings when an advantage was likely to accrue. 

An act to remonetize silver and coin ^2,cxDO,ooo (Bland) a 
month was passed and received the President's veto, Feb. 28, 
1878. It was passed over the veto. This legislation was not 
of any party, but was thought to be in the interest of the Pacific 
or mining States. On May 28, 1878, the Bankrupt Act was so 
amended as to virtually work its repeal. The River and Har- 
bor Bill of this session (April 23, 1878) appropriated the large 
sum of ;^8,ooo,ooo for this class of coast and internal improve- 
ments. This was extraordinary, not only on account of the 
sum involved, but because it came from a Democratic House 
which had started on an economic career, and further because 
the old Democratic constitutional objections to appropriations 
of this kind were no longer heard. Both parties were now fully 
committed to appropriations of this character, and all for the 
worse unless a check be provided, which, as we shall see, soon 
came in the shape of executive veto. Congress adjourned, June 
20, 1878. 

FORTY-FIFTH CONG RES S—Second Regular Session.— 
Met Dec. 2, 1878. The President's message referred with favor 




'.*-*.^-it*-V.V-' 



JOSEPfl R. HAWLEY. 



WM. M. EVARTS. 




GEORGE H. PENDLETON. 




DANIEL W. VOORHEES. 
491 



492 POLITICAL HISTORY OF 

to the process of funding now rapidly and successfully going on, 
by which so many millions were being saved in annual interest. 
It was much firmer as to the Southern situation than his former 
message, and the party became assured of his fealty, began to 
harmonize in the several States and to recover from what, at one 
time, seemed to be permanent factional estrangement. 

An important, though not strictly party measure, was the 
Anti-Chinese bill, which was vetoed by the President as being 
against the Burlingame. Treaty. It was passed over the veto, 
Feb. 22, 1879. It prohibited the immigration of Chinese as 
laborers. 

The Republicans in the House made a determined effort to 
stop the coinage of Bland dollars. Their measure was defeated 
by an almost solid Democratic vote. 

The great bone of party contention was the old Republican 
measures which provided for keeping peace at the polls in the 
respective States during Congressional elections. These bills 
authorized the appointment of United States Marshals, and even 
the calling out of troops in case of danger. The Democrats 
used their power over the Appropriation bill of this session, to 
work their repeal, by withholding pay for Marshals and for the 
army, except on the condition that troops should never be used 
at elections. Two Army Appropriation bills were vetoed by the 
President on the ground that Congress could not deprive the 
Executive of the power to keep the peace, and that judicious use 
of troops was still necessary to suppress riotous demonstrations 
in certain sections. The end of the session came before an ap- 
propriation was made for the army. Congress adjourned sini 
die, March 3, 1879. 

; FORTY-SIXTH CONGRESS— 'Ex.trd. Session. — Called 
March 18, 1879, to pass the Army Appropriation bill which the 
Forty-fifth Congress failed to do. Now both Houses were 
Democratic. The Senate contained, Democrats, 42 ; Republi-^ 
cans, 33; Independent, i. The House, Democrats, 148; Re^ 
publicans, 130; Greenbackers or Nationals, 15. 

This was a stormy session. The Democrats had their way in 
both Houses. They passed the Army Appropriation bill, with 



THE UNITED STATES. 493 

the same " riders " as before, providing pay for the troops in 
case they were not used for preserving peace at the polls. The 
excitement had the effect of uniting the Republicans and stimu- 
lating the administration, who regarded the withholding of ap- 
propriations as an attempt to coerce the Executive branch by 
starving the government. The President vetoed the bill, and 
thus stated his position : " The army and navy are established 
by the Constitution. Their duty is clearly defined and their 
support provided for by law. The money required for this pur- 
pose is now in the Treasury. It was not the intention of the 
framers of the Constitution that any single branch of the gov- 
ernment should have the power to dictate conditions upon which 
this money should be applied to the purpose for which it was 
collected." The bill could not be passed over the veto. The 
offensive riders were therefore removed and the bill, as amended, 
passed. 

The Republicans made an ineffectual effort to pass a measure 
for insuring peace at Congressional elections by imposing a pen- 
alty on carrying fire-arms or concealed weapons. The Demo- 
crats in the House passed the Warner Silver bill providing for 
the unlimited coinage of silver dollars. The members of their 
party in the Senate, under the lead of Bayard, refused to recog- 
nize it. Congress adjourned, July i, 1879. 

FORTY-SIXTH CONGRESS— Y{x-,t Regular Session.^ 
Met Dec. i, 1879. The summer had witnessed an exodus of 
the colored population of the South, and a movement toward 
kinder localities. It gave rise to much discussion in the journals 
of all sections, and those of the South advised more liberal 
treatment of the blacks in matters of education, labor contracts, 
etc. The President's message was the firmest and ablest he had 
yet presented. It spoke of the success of resumption and the 
great saving thereby effected ; took decided ground against fur- 
ther coinage of the Bland dollar ; urged the necessity of organ- 
izing an effective Civil Service Reform Commission, and favored 
the retirement of the Legal Tender notes. 

The Democrats again brought up their measure to prevent the 
use of the army to keep the peace at the polls. After receiving 



494 POLITICAL HISTORY. 

what was known as the Garfield amendment to the effect that 
the " bill should not be construed so as to prevent the Constitu- 
tional use of the army to suppress domestic violence in a State," 
it was passed and approved. 

The same offensive '' riders " were, however, attached to the 
Army Appropriation bill, which was again vetoed. Before the 
end of the session the Democrats modified their hostility to the 
Congressional Election Law, owing to a decision of the Supreme 
Court affirming its constitutionality. A long discussion was had 
on a bill to regulate the electoral count. A bill to this effect 
had been in many previous Congresses. Imperative as some 
such legislation seemed, nothing came of it. The River and 
Harbor bill of the session appropriated ;^9,ooo,ooo. Congress 
adjourned, June i6, 1880. 

ELECTION OF 1880.— The Republican National Conven- 
tion met at Chicago, June 5, 1880. There was much excitement 
in the party ranks over the candidacy of ex-President Grant, 
whose friends were urging him for a third, but not consecutive, 
term. After 36 ballots, James A. Garfield, Ohio, was nominated 
for President, and Chester A. Arthur, N. Y., for Vice-President. 
The platform recited, as Republican party history, the suppression 
of rebellion, reconstruction of the Union, manumission of 4,000,000 
slaves, raising of a paper currency from 38 per cent, to par, pay- 
ment in coin of all national obligations, raising of government 
credit from where 6 per cent, bonds sold at Z6 to where 4 per 
cent, bonds sold at par, increase of railways from 3 1,000 miles in 
i860 to 82,000 in 1879, increase of foreign trade from ;^700,000,- 
000 to ;^ 1, 1 5 0,000 ,000, and of exports from ;^ 20,000,000 less than 
our imports in i860 to ;^264,ooo,ooo more than our imports in 
1880, revival of depressed industries. (2) Pledge of similar 
action for the future ; to pay soldiers' pensions ; to further re- 
duce the debt, to encourage commerce. (3) The Constitution 
the supreme law ; boundary between reserved and delegated 
powers to be determined by the nation, not by the States. (4) 
Favored popular education ; no appropriation of school funds to 
sectarian uses. (5) Protective duties ; no land grants to corpora- 
tions ; extinction of polygamy ; internal improvement ; obliga- 




WINFIELD S. HANCOCK. 




WM. R. MORRISON. 



495 



496 POLITICAL HISTORY OF 

tion to soldiers and sailors. (6) Limitation of Chinese immigra- 
tion ; approval of Hayes' administration ; charges of corrupt 
practices and vicious principles on the Democratic party ; radical 
civil service reform. 

The National (Greenback) Convention met at Chicago June 
9, i88o, and nominated James B. Weaver, Iowa, for President, 
and E. J. Chambers, Texas, for Vice-President. The platform 
adhered to the principle of a large legal tender currency ; opposi- 
tion to refunding of the debt ; abolition of national banks and 
their currency ; favored unlimited coinage of gold and silver ; 
enforcement of the eight hour law ; opposed the immigration of 
Chinese ; land grants to actual settlers only ; regulation of inter- 
State commerce by Congress ; a graduated income tax ; no re- 
striction on suffrage ; no bondholders' government ; no section- 
alism. 

The Prohibition Reform Party met in National Convention at 
Cleveland, June 17, 1880, and nominated for President Neal 
Dow, Me., and for Vice-President H. A. Thompson, Ohio. A 
very lengthy platform took the usual ground against traffic in 
intoxicants and arraigned both political parties for shirking the 
question. 

The Democratic Party met in National Convention at Cincin- 
nati, June 22, 1880, and nominated Winfield S. Hancock, N. Y., 
for President, and William H. English, Ind., for Vice-President. 
The platform (i) pledged the party to Democratic traditions and 
doctrines. (2) Opposed centralization and sumptuary laws; 
favored separation of church and State ; fostered common schools. 
(3) Home rule ; honest money ; maintenance of public credit ; 
" tariff for revenue only ; " subordination of military to civil 
authority ; reform of civil service. (4) A free ballot. (5) De- 
nunciation of Hayes' administration and Republican party. (6) 
Eulogy on Tilden. (7) Free ships ; no Chinese immigrants ; 
public land for actual settlers ; protection of laboring man 
against " cormorant and commune ; " congratulations over work 
of the Democratic Congress. 

The campaign opened disastrously for the Republicans, Maine 



THE UNITED STATES. 497 

having gone Democratic, or Coalition, in September. The loss 
of Indiana to the Democrats in October threw the advantage to 
the RepubHcan side. The Democrats felt, as the canvas ad- 
vanced, the weight of their commitment to " a tariff for revenue 
only," a Protective Tariff being the issue directly pushed by the 
Republicans. " The Morey letter," circulated for the purpose 
of injuring Garfield in the Pacific States, was a conspicuous cam- 
paign sensation. The impression that it was a malicious invention 
served to deaden its effect, if not to turn it to the disadvantage 
of the Democrats. The result in November was favorable to the 
Republicans. The Congressional elections were also favorable 
to that party, reversing the Democratic majority. 

FORTY-SIXTH CONGRESS—Second Session.— Met Dec. 
6, 1880. The President's message was a strong paper. It took 
high ground in favor of the inviolability of the Constitutional 
amendments ; favored an appropriation to perfect a civil service 
code ; opposed political assessments ; asked that polygamy be 
punished by excluding those who practiced it from the jury box; 
and that a silver dollar be coined equal in value to the gold dol- 
lar. An effort was made to pass a law regulating the electoral 
count. It failed as usual. The count in February (9th) showed 
214 votes for Garfield and Arthur, and 155 for Hancock and 
English. Congress adjourned sine die, March 3, 1881. On 
March 4 Garfield and Arthur were sworn into office. 

XXIV. 

GARFIELD'S AND ARTHUR'S ADMINISTRATION. 
March 4, 1881— March 3, 1885. 

James A. Garfield> Ohio, President. Chester A. Arthur, 

N. Y., Vice-President. 



Congresses. Sessions. 

Forty-seventh Congress. / i» December 5, 1881-August 8, 1882. 

\2, December 4, 1882-March 3, 1883. 

Fokxv-e:ohx„ Cokokess. { ^ g^^^- 3, J^Wb;^?^, .884^^^ 



32 



498 



POLITICAL HISTORY. 



ELECTORAL VOTE^ 



Basis of 
Stetes. 131,425- 

Alabama 8 

Arkansas 4 

California 4 

Colorado I 

Connecticut 4 

Delaware I 

Florida 2 

Georgia 9 

Illinois 19 

Indiana 13 

Iowa 9 

Kansas ^ 3 

Kentucky 10 

Louisiana 6 

Maine 5 

Maryland 6 

Massachusetts 1 1 

Michigan 9 

Minnesota 3 

Mississippi = 6 

Missouri 13 

Nebraska I 

Nevada I 

New Hampshire 3 

New Jersey 7 

New York 33 

North Carolina 8 

Ohio 20 

Oregon i 

Pennsylvania 27 

Rhode Island 2 

South Carolina 5 

Tennessee 10 

Texas 6 

Vermont 3 

Virginia 9 

"West Virginia 3 

Wisconsin 8 





Republiean. 


Democrat. 




James A. 


Chester A. 


Winfield S. 


William H. 




Garfield, 


Arthur, 


Hancock, 


English, 


Vote. 


Ohio. 


N. Y. 


N. Y. 


Ind. 


10 


, . 


, , 


10 


10 


6 


tf • 


, , 


6 


6 


6 


I 


I 


5 


5 


3 


3 


3 


• • 


• • 


6 


6 


6 


• • 


• • 


3 


• • 


• • 


3 


3 


4 


• • 


• • 


4 


4 


II 


• • 


. • • 


II 


II 


21 


21 


21 


. . 


• • 


15 


15 


IS 


.. 


• • 


II 


II 


II 


. . 


• • 


5 


5 


5 


• • 


• • 


12 


, , 


« « 


12 


12 


8 


, , 


• • 


8 


8 


7 


7 


7 


• • 


• • 


8 






8 


8 


13 


13 


13 


• • 




II 


II 


II 


• • 


• • 


5 


5 


5 


« • 


• • 


8 




• • 


8 


8 


15 


• • 


• • 


15 


IS 


3 


3 


3 






3 




* • 


3 


3 


5 


5 


5 






9 






9 


9 


35 


35 


35 






10 


. . 


, . 


10 


10 


22 


22 


22 




« • 


3 


3 


3 


• • 


• • 


29 


29 


29 


• • 


• p 


4 


4 


4 




• • 


7 


• • 


• • 


7 


7 


12 


• • 


• • 


12 


12 


8 


• • 


• • 


8 


8 


5 


5 


5 


• • 


• • 


II 


• • 


• • 


II 


II 


5 




• • 


5 


5 


10 


10 


10 


• • 


• • 


369 


214 


214 


155 


155 



Totals 293 

THE CABINET. 

Secretary of State James G. Blaine, Me. 

Secretary of Treasury William Windom, Minn. 

Secretary of War Robert T. Lincoln, 111. 

Secretary of Navy W. H. Hunt, La, 

Secretary of Interior Samuel J. Kirkwood, Iowa. 

Attorney-General Wayne McVeagh, Pa. 

Postmaster-General Thomas L. James, N. Y. 

* The popular vote was, Garfield, 4,449,053 — 19 States; Democrat, Hancock, 
4,442,035 — 19 States; Greenback, Weaver, 308,578; Prohibition, 10,305; Ameri* 
«ftn, 707 ; scattering, 989. 







ROBERT T. LINCOLN. 




JAMES G. BLAINE. 



499 



500 POLITICAL HISTORY OF 

POLITICAL 5/r^^77(9iV.— The conservatism of the Hayes' 
administration, always manifested save on extraordinary occa- 
sions, had softened party asperities and allayed sectional feeling. 
It had given play to two currents within the Republican party, 
the one conservative, like the administration, the other radical. 
The new administration had the support of both during the cam- 
paign. It therefore opened auspiciously. The inaugural was 
an able, patriotic paper, in which the President took a high stand 
on the question of suffrage, education, morals, public faith and 
civil service reform. 

The Senate sitting in extra session confirmed the Cabinet 
officers, but the minor appointments, especially those for New 
York State, gave rise to much feeling, which ended in the resig- 
nation of the Senators from that State, May 17, 1881. This 
was the date of a disastrous division in the Republican party 
which led to the " tidal waves " of opposition in 1882-83. The 
conservative sentiment of the party strove to purify and popular- 
ize the methods of party management. It took the shape of 
" Independent " revolt in many States. In others it administered 
quiet rebuke to those it was pleased to designate as " Bosses" 
by refraining from voting. 

THE ASSASSINATION.—ThQ President was shot at the 
Baltimore and Potomac depot, Washington, on July 2, 1881, 
at 9.20 A. M., by Charles J. Guiteau, a persistent seeker of po- 
litical places far beyond his ability to fill, and a maliciously dis- 
posed, cowardly semi-idiot, in whom disappointment had stirred 
natural diabolism to the point of assassination. The President 
rallied from the effects of the shot, lingered hopefully for a long 
time, but finally died at Elberon, N. J., at 10.35 p. m., Sept. 19, 
1 88 1, amid the tears of a nation and the sympathies of a world. 

THE NEW ADMINISTRATION.— ThQ Cabinet at once 
telegraphed Vice-President Arthur of the death of President 
Garfield and suggested that he take the oath of office. He did 
so at 2.15 A. M., Sept. 20, 1 88 1, at New York city, before Judge 
Brady; and again at Washington, Sept. 22, at 12 M., before the 
Chief Justice of the Supreme Court 



THE UNITED STATES. 501 

THE CABINET. — He did not reorganize his Cabinet at once, 
but when the changes were complete it stood as follows : 

Secretary of State Fred. T. Frelinghuysen, N. J. 

Secretary of Treasury Charles J. Folger, N. Y. 

Secretary of War Robert T. Lincoln, 111., continued. 

Secretary of Navy William E. Chandler, N. H. 

Secretary of Interior Henry M. Teller, Col. 

Attorney-General Benjamin Harris Brewster, Pa. 

Postmaster- General Timothy O. Howe, Wis. 

FORTY-SEVENTH CONGRESS— Y'lx?,^ Session.— Met De- 
cember 5, 1 88 1. The Republican party had control of the House, 
there being Republicans, 150; Democrats, 131 ; Nationals, 10; Re- 
adjusters, 2. The Senate stood Republicans, 37 ; Democrats, 
37 ; Independent, I ; Readjuster, i."^ The House organized by 
electing Warren B. Keifer, Ohio, Speaker. A conspicuous 
measure of this session was the Edmunds Polygamy bill, which 
was not a party measure, but singularly enough* met with only 
Democratic opposition. It became final March 23, 1882. Its 
gist was the disfranchisement of those practising polygamy. 
On May 15, 1882, the bill to create a Tariff Commission was 
signed. This Commission sat at various places during the 
summer and fall. The Tariff act of the next session was based 
on their report. An amended anti-Chinese bill was passed, pro- 
hibiting their immigration for a period of twenty years. Ques- 
tions of banking and refunding took up a great part of the ses- 
sion. It was now an easy matter to place government bonds 
bearing interest as low as 3 per cent. An immense appropriation 
was made for River and Harbor purposes. It was vetoed by the 
President, but was passed over the veto by a vote of 41 to 16 in 
the Senate, and 122 to 59 in the House, showing that both par- 
ties were of the same spirit respecting this question of Internal 
Improvement. The veto took the ground that this species of 
legislation, as exemplified by this particular bill, had passed 
beyond the only warrant to be found for it, viz. : the authority 
" to provide for the common defence and general welfare," and 

* This was Senator Mahone, Va., who stood at the head of a State party called 
" Readjusters " of the State debt. 



502 POLITICAL HISTORY. 

had become the means by which money was taken for small 
streams and purely local improvements, with which the people 
at large had no concern and through which they could receive 
no benefit.* Feb. 25, 1882, an apportionment bill passed. It 
fixed the number of Representatives, under the census of 1870, 
at 325. Congress adjourned, Aug. 8, 1882. 

FORTY-SEVENTH CONGRESS—Second Session.— Met 
December 4, 1882. This Congress seemed to be a point at 
which an immense amount of previously prepared and debated 
work culminated. It was prolific of important and far-reaching 
measures, many of them political but most of them of general 
moment. The Tariff Commission had made its report and both 
Houses had it under discussion. The outcrop was the Tariff 
Act of March 3, 1883, which lowered duties on most of the lead- 
ing imports, but whose main feature was to equalize rates and 
abolish the incongruities of existing Tariff laws. It cannot be 
said that the act was a success in this respect. Interests to be 
consulted were so conflicting that it was impossible to avoid 
crudities and hardships. Demand for lighter duties on raw ma- 
terials made by manufacturing sections worked to the injury of 
producing sections, and vice versa. The act was in the nature 
of a compromise. It served to show, however, that the entire 
country had come to regard this class of legislation as vital. The 
act went into operation as to sugar and molasses on the 1st 
of June, 1883; as to its other provisions on the ist of July, 
1883. 

The Civil Service Reform Bill passed at this session. It was 
introduced in the Senate by Geo. H. Pendleton, Democrat, of 
Ohio, and authorized a commission to devise a plan of civil ser- 
vice and put it in operation. Though this bill was introduced 
by a Democrat and ably sustained by him, the Democrats were 
its active opponents. Its final passage in both Houses was by 

■^ The rapid growth of this class of appropriations after they began to receive the 
favor of both parties appears thus; 1870, ^3,975,900; 1875, ^6,648,517; 1880, 
^8,976,500; 1881, ^11,451,000; 1882, ^18,743,875, the amount in vetoed bill. 
Since the beginning of the government there has been expended in the respective 
States for river and harbor improvements the total sum of ^^108,796,401. 




F. T. FRELINGHUYSEN. 



CHAS, J, FOLGER. 




S. S. COX. 



ROSCOE CONKLING. 
503 



504 POLITICAL HISTORY. 

an almost solid Republican vote against an almost solid Demo^ 
cratic opposition.* 

An act of March 3, 1883, reduced letter postage to two cents 
for each half ounce and authorized a Postal note whose value 
should not exceed five dollars. Large reductions were made in 
Internal taxes. Congress adjourned sine die, March 3, 1883. 

FORTY-EIGHTH CONGRESS— Y\x-X Session.— Met De- 
cember 3, 1883. The political " tidal wave " of 1882, partially 
repeated in 1883, had been very disastrous to the Republican 
party. They lost governors and legislators in many of their 
strongest States, and the National House of Representatives was 
Democratic. The Senate stood, Republicans, 40, to Democrats, 
36. The House was composed of Democrats, 195 ; Republicans, 
126; Independent, I ; vacancies, 3. Much interest was felt in 
the election of a Speaker. The Democrats, as a party, seemed 
to be composed of two wings, one in favoi* of quiet respecting 
existing Tariff legislation, the other in favor of reduced duties. 
Mr. Carlisle, Ky., exponent of the latter idea, became Speaker. 

The President's message recommended closer commercial and 
political relations with Mexico ; an extension of our trade 
interests to South America and to the new Congo country; 
called attention to the national surplus of ;^ 132,874,444.21, and 
recommended reduced tariff and internal taxation, with a partial 
appropriation of the surplus to the building of a navy ; advised 
the redemption and recoinage of the trade dollars ; a settlement 
of the Mormon question by repeal of the Territorial act and es- 
tablishment of a government through a Commission ; reduction 
of postal rates in cities to one cent for every half ounce ; pro- 
visions for Inter-State traffic or commerce ; new legislation re- 
specting civil rights under the Fourteenth Amendment. The 
country regarded the paper as plain, practical, business-like 
and assuring. 

But the Congress was in no mood to embark upon legislation 
recommended by President Arthur. TheRepublicans were cast 

* Politicians attributed the defeat of Senator Pendleton for re-election to the Sen- 
ate by the Democratic Legislature of Ohio, in January, 1884, to his advocacy of 
this bill. 



THE UNITED STATES. g05 

down by their recent reverses, while the Democrats were too 
new to the situation to hastily commit themselves to measures 
which might endanger their supremacy. They elaborated a 
scheme for what was called " a horizontal reduction of the tariff," 
but it was picked to pieces by the protectionists in their own 
party, and finally defeated by the snap-short method of a motion 
to strike out its enacting clause. 

The same result attended their efforts to reduce the surplus in 
the Treasury by repeal of internal taxation, though in this in- 
stance the general party judgment as to the necessity of such 
repeal seems to have been thwarted by a desire not to interfere 
with the internal tax on whiskey, and by the fear that any re- 
duction of internal taxation would give the Republicans and 
protection Democrats an excuse for maintaining high protective 
duties on imports. 

A bill to regulate the counting of the electoral vote passed the 
Senate, and also the House in an amended form. It fell to the 
ground in a Committee of Conference. The Blair Educational 
Bill passed the Senate but was defeated in the House. It appro- 
priated ;^ 1 5,000,000 the first year to purposes of education, to be 
divided among the States in proportion to the number of illite- 
rates therein ; and then one million less each year for ten years. 
It was designed to assist the Southern States. 

The end of the session found the political situation compara- 
tively unchanged, and this was perhaps preferable to both parties. 
If nothing of moment had been accomplished, mistakes had, at 
least, been avoided, provided inactivity be not a mistake in politics. 
One thing was not forgotten, that was a good round sum (;^I3,- 
899,700) covered into the River and Harbor Bill, for the purpose 
of exalting sleepy and unpretentious waterways into navigable 
arteries of trade. Congress adjourned July 7, 1884. 

ELECTION OF 1884.— The Republican National Conven- 
tion met at Chicago on Tuesday, June 3, 1884. It was the 
Eighth National Convention in the history of the party and was 
composed of 820 delegates. The candidates placed in nomina- 
tion were James G. Blaine, Me. ; Chester A. Arthur, N. Y. ; John 
Sherman, O. ; Geo. F. Edmunds, Vt ; John A.. Logan, 111. ; Joseph 



506 POLITICAL HISTORY OF 

R. Hawley, Conn. Each of the candidates had a respectable 
following, but the nomination of James G. Blaine had been fore- 
shadowed by a popular wave which was running swiftest and 
highest at the moment the Convention met, and which nothing 
could stem. The party seemed to demand as a candidate a man 
of Mr. Blaine's brilliant and aggressive parts, and this quite as 
much for the purpose of dispelling the gloom occasioned by the 
local political disasters of 1882-83 ^^ in obedience to a wish to 
see him vindicated by a nomination which had been, as his ad- 
mirers thought, unnecessarily withheld by prior conventions. 

He received the party nomination on the fourth ballot, and it 
was generally agreeable to the rank and file, but distasteful to a 
small faction who had clung to the fortunes of Mr. Edmunds, on 
the plea of conservative statesmanship, pure political methods 
and practical reforms. These did not cease their antagonism 
during the entire campaign, and they came to be known as 
" Mugwumps." General John A. Logan, of Illinois, was made 
the nominee for Vice-President. 

The platform commended the party to the people for its 
achievements ; lamented the death of President Garfield ; en- 
dorsed President Arthur's administration ; favored a tariff for 
protection to industry ; denounced the Democrats for failing to 
reduce the surplus by removing internal taxation, for attempting 
to correct the tariff by the indiscriminate process of " horizontal 
reduction," and for their hostility to the wool-growing interests ; 
urged an international standard for gold and silver ; suggested 
an act to regulate inter-state commerce ; favored international 
arbitration as a substitute for war ; denounced the importation of 
contract labor ; declared in favor of civil service reform ; of keep- 
ing the public land for actual settlers ; of liberal pensions for sol- 
diers ; of an extended navy ; denounced Polygamy ; asserted the 
right of the United States to insist upon a free ballot and full 
count in the Southern States ; and passed its pledge to secure to 
all persons their full political rights. 

The Democratic party met in National Convention at Chicago 
on July 8, 1884, in the same hall used by the Republicans a 
month before. The Convention numbered 820 members, two- 




J. DONALD CAMERON. 



ALLEN G. THURMAN. 




B. K. BRUCE. 



FRED DOUGLASS. 
507 



508 POLITICAL HISTORY OF 

thirds of which were required to make a choice. The names of 
T. F. Bayard, Del., Stephen Grover Cleveland, N. Y., Jos. E. 
McDonald, Ind., Jno. G. Carlisle, Ky., Allen G. Thurman, Ohio, 
S. J. Randall, Penna,, and George E. Hoadly, Ohio, were placed 
in nomination. 

Grover Cleveland, of New York, was nominated as candidate 
for President on the second ballot. Thomas A, Hendricks, of 
Indiana, was nominated as Vice-President. Though the Tammany 
Hall leaders were bitterly opposed to Mr. Cleveland's nomina- 
tion, and though he was unknown to the older Democracy, his 
nomination was regarded as a master political stroke on the part 
of the Convention. He had been elected Governor of New York 
State over Chas. J. Folger, President Arthur's Secretary of the 
Treasury, by an unprecedented majority ; was a favorite with the 
younger Democracy, and had given a plain, sturdy administra- 
tion without much reference to party behests. The fact that 
New York was a pivotal State in the campaign, and that the 
Republican element which was to oppose Mr. Blaine not only 
resided there most largely but had long before expressed its 
favoritism for Mr. Cleveland, greatly added to his availability. 
Whatever may have been the sentiment respecting his ability as 
a statesman or even his desire to serve the leaders of his party, 
the dissatisfied elements soon closed about him, and it became 
apparent to all that, by his freedom from entanglements and 
newness to situations, he was stronger than his party. 

The platform announced that " the fundamental principles of 
Democracy, approved by the people, remain the best and only 
security for free government;" ''the preservation of personal 
rights, equality of all citizens before the law, reserved rights of 
the States, and supremacy of the Federal Government within the 
limits of the Constitution, will ever form the true basis of liberty; " 
that the government should not always be controlled by one 
political party ; that a change is now demanded ; that the Repub- 
lican party, as to principle, is a reminiscence ; as to practice, an 
organization for enriching those who control its machinery ; that 
it has nominated a ticket against which the independent portion 
of its members are in revolt ; that the will of the people in favor 



THE UNITED STATES. 509 

of change was defeated in 1876 by fraud and in 1880 by lavish 
use of money; that the Repubhcan party has squandered mil- 
hons on a navy and given away the pubhc lands to railroads and 
non-settlers ; that said party does not keep its pledges as to free 
institutions, in favor of American workingmen, pensions for sol- 
diers, and protection to American manufactures; that the Demo- 
cratic party is pledged to revise the tariff in a spirit of fairness to 
all interests, and denounces the existing tariff and the internal 
revenue tax ; that the circulating medium should be gold and 
silver, or money convertible into same ; that the government 
should secure equal rights to all citizens; opposes sumptuary 
laws ; favors civil service reform, separation of church and state, 
diffusion of education by common schools, the prevention of 
monopoly ; favors the keeping of public lands for actual settlers, 
and all legislation tending to advance labor ; favors the protec- 
tion of persons and property of American citizens in foreign 
lands; an American policy which shall restore American com- 
merce ; laments the fact that S. J. Tilden refuses to be again a 
candidate. 

The Prohibition National Convention met at Chicago, June 
19, 1884, and nominated Samuel C. Pomeroy, Kansas, for Presi- 
dent and John A. Conant, of Conn., for Vice-President. The 
platform set forth that : Laws must be made in accordance with 
divine will ; National and State laws regulating manufacture, 
supply and sale of alcoholic beverages must be repealed, as 
sources of evil ; both political parties compete for the liquor vote, 
and are a source of danger; reform must be introduced into 
National methods by abolition of sinecures, by electing post- 
masters, by making sobriety a test of office-holding, by remov- 
ing none from office except when necessary ; no government 
revenue from liquor and tobacco, but only from customs' duties 
judiciously levied so as to protect labor; public lands only for 
private homes ; all money, coin and paper, to be a legal tender ; 
care and support for Union soldiers and their widows ; no per- 
sons or peoples to be excluded from citizenship ; drink reform 
to be brought about by Congress excluding it from the Terri- 
tories and providing a Constitutional amendment prohibiting it 



510 POLITICAL HISTORY OF 

and Polygamy in the land ; invitation to all laborers, women and 
moralists to support the party ; civil and political equality for 
the sexes ; change of name from " Prohibition Home Protection 
Party " to " Prohibition Party." 

On May 14, 1884, a National Convention of Anti-Monopolists 
met at Chicago and nominated for President General B. F. Butler, 
Mass. They left the choice of a candidate for Vice-President 
open to their National Committee. 

This Convention was followed, May 28, 1884, by the " Green- 
back " National Convention, at Chicago, which also nominated 
General B. F. Butler for President and added the name of General 
A. M. West, Miss., for Vice-President. This action blended the 
Anti-Monopolists and Greenbackers and the combination was 
expected to carry the labor vote of the country with it. The 
"Greenback" platform demanded (i) Issue of legal tender notes 
in sufficient quantities to supply actual demands of trade and 
commerce in accordance with increase of population ; substitu- 
tion of greenbacks for National bank notes ; prompt payment of 
public debt by use of money locked up in public Treasury. (2) 
Demanded restoration of all public lands, moneys and railroads 
given away to corporations with the sanction of both political 
parties to the people. (3) All public lands must be reclaimed 
and held for the use of the people. (4) Congress should pass an 
inter-state commerce bill. (5) Demanded the restoration of the 
income tax in a graduated form. (6) The amelioration of the 
labor of the country by passing sanitary laws, building industrial 
establishments, abolishing convict labor, appointing inspectors 
for mines and factories, reducing the hours of labor, fostering 
educational institutions, and preventing child labor. (7) De- 
nounced the importation of cheap convict labor. (8) Asked for 
a Constitutional amendment reducing the length of term of U. S. 
Senators. (9) Such rules for the government of Congress as 
shall put all members on an equal footing. (10) A wise revision 
of the tariff* laws in the interest of labor, but expresses the be- 
lief that plenty of money is the best solvent of the issues of labor 
and taxation. (11) In order to test public sentiment, recom- 
mends an amendment to Constitution in favor of female suffrage 



THE UNITED STATES. 511 

and stoppage of liquor traffic. (12) Pensions to all disabled sol- 
diers of late war. ( 1 3) The Greenback Labor party is the only 
National party. (14) Appeals for support of all good men. 

The campaign opened with fierce attacks by both the leading 
parties on the private character of the opposing candidates. 
These, however, soon spent their force, and left the Democrats 
in the enviable position of a party whose candidate had no record 
as a national legislator or politician, and who had risen to the 
position of Governor of his State with the help of a large Repub- 
lican contingent and by a majority of nearly 200,000 votes. 
Their national platform was an instrument of generous promises 
and pledges, and the idea was easily cultivated that " change " 
would not bJ^ disastrous, but rather beneficial. The Republicans 
made a brilliant campaign, with their leader in the field, and an 
ardent advocate of the leading tenets of the party, especially 
those of protection and a free ballot. The Western States were 
visited and, when found to be well in line, the rest of the cam- 
paign was simple. The whole contest turned upon New York, 
as already foreseen, and with the chances somewhat against the 
Republicans. The Temperance ticket was pushed with full 
energy in the State, and with the effect of subtracting largely 
from the Republican strength. The Greenback Labor ticket 
was pushed with equal energy, and with the effect of subtracting 
from the Democratic strength. The advantage gained to the 
Republicans in other States by their strong " Protection " atti- 
tude and the personal magnetism of their leader was more than 
discounted in New York by the fact that the " Independents " in 
their ranks were mostly free traders, and by the additional fact 
that it was the home State of the Democratic candidate. 

It was thought by the Republican managers that Mr. Blaine 
could improve the situation in the State by the inspiration of his 
presence. The experiment of a brief campaign tour was tried 
with very favorable effects, till the night of the celebrated recep- 
tion tendered him by the united clergy of the metropolis, at 
which Rev. Dr. Burchard delivered his celebrated " Rum, Ro- 
manism and Rebellion " speech. This fatal alliterative perora- 
tion was flashed over the country, without any explanation, and 



512 POLITICAL HISTORY OF 

occasioned a stampede of the followers of the Greenback Labor 
ticket back to the Democratic fold. The result of this campaign 
was the closest on record. The Democratic candidate carried 
the one State necessary to his election by a plurality of only 
1,047 votes. 

This was a political revolution the country had hardly antici- 
pated a few months before. It brought the Democrats into Na- 
tional power for the first time since 186 1, a period of twenty-four 
years and six administrations, and it placed them under a re- 
sponsibility they had never before been called upon as a party 
to meet, for progress had made immense strides since the days 
of Buchanan ; slavery had been abolished ; the doctrine of States' 
Rights and Secession had been obliterated by " grim-visaged 
war ; " the hated national banking system of Jacksonian times 
was now a majestic and unassailable fact, and many other of the 
ancient Democratic principles and methods had fallen into des- 
uetude . or been modified beyond recognition by the fires of 
time. 

FORTY-EIGHTH CONGRESS— "S^^zoxid. Session. — Met 
Dec. I, 1884. President Arthur's Cabinet as remodeled stood 
as follo\vs : 

Secretary of State Fred. T. Frelinghuysen, N. J. 

i Chas. J. Folger (died Sept. 5, 1884), N. Y. 
Secretary of Treasury \ Walter Q. Gresham (Sept. 24, 1884), Ind. 

(Hugh McCulIough (Oct. 31, 1884), Ind. 

Secretary of War Robert T. Lincoln, 111. 

Secretary of Navy William E. Chandler, N. H. 

Secretary of Interior .Henry M. Teller, Col. 

Postmaster-General Frank Hatton, Iowa. 

Attorney-General Benjamin Harris Brewster, Pa. 

The President's Message was a compact and practical docu- 
ment abounding in information and good advice, and making a 
hopeful forecast of the future. As with all State papers of this 
time, it urged the expediency of providing against excessive ac- 
cumulation of money in the Treasury by lowering internal taxa- 
tion. In both Houses of Congress an Inter-State Commerce bill 
underwent discussion. A bill to prevent the importation of 
foreign contract labor was passed. Party lines were closely 



THE UNITED STATES. 5^3 

drawn on a bill to admit Dakota as a State. The Democrats 
opposed and the Republicans favored the bill. Political serenity 
was somewhat disturbed by a bill introduced by the Democrats 
which suspended the act authorizing the coinage of 2,000,000 
of Bland dollars per month. The bill was said to have been 
introduced at the request of Mr. Cleveland, the newly-elected 
President, and as an aid to his proposed policy. It was defeated 
by the Democrats themselves. Congress adjourned by limita- 
tion March 4, 1885, having failed to pass the usual River and 
Harbor bill. On th'e same day Cleveland and Hendricks were 
sworn into office, and the Democratic party began its new lease 
of power in National affairs. President Arthur retired to private 
life, broken down in health and with the seeds of that disease in 
his system which he was not to survive more than a year or two. 
He had taken office amid a storm of condemnation and with his 
party torn by dissensions, but with a delicate sensibility, a digni- 
fied method, and calm procedure amid condemnation and cal- 
umny, he disarmed enmity in his own party, solidified its broken 
ranks, and left office amid kindly and considerate feeling on the 

part of his countrymen. 
33 



514 POLITICAL HISTORY. 



XXV. 
CLEVELAND'S ADMINISTRATION. 

March 4, 1885— March 4, 1889. 

Grover Cleveland, N. Y., President. Thomas A. Hendricks, 

Ind., Vice-President. 

(Mr. Hendricks died November 25, 1885.) 

John Sherman, President pro tern, of Senate ^ acting Vice-President. 

Congresses. Sessions. 

Forty-ninth Congress. [ ^' ^ecember 7, 1885-August 5, 1886. 

\ 2, December 6, 1886-March 4, 1886. 

Fiftieth Congress. [ '' December 5, 1887. 

( 2, December 3, 1888. 

ELECTORAL VOTE.'' 



• • • • 



• • 



Democrat. Republican. 

States. Basis of Grover Thos. A. James G. John A. 

i54>325 Votes. Cleveland, N.Y. Hendricks, Ind. Blaine, Me. Logan, 111. 

Alabama 8 10 10 10 

Arkansas 5 7 7 7 

California 6 8 .. ,, 8 8 

Colorado ......I 3 ,. ,, 3 3 

Connecticut 4 6 6 6 

Delaware ^ 3 3 3 

Florida 2 4 4 4 

Georgia 10 12 12 12 

Illinois 20 22 .. ,. 22 22 

Indiana...... .13 15 15 15 

Iowa II 13 .. .. 13 13 

Kansas 7 9 . . . . 9 9 

Kentucky 11 13 13 '3 

Louisiana 6 8 8 8 

Maine 4 6 ... ,. 6 6 

Maryland 6 8 8 8 

Massachusetts 12 14 . . .. I4 14 

Michigan II 13 .. .. 13 13 

Minnesota 5 7 .. .. 7 7 

Mississippi 7 9 9 9 ,, 

Missouri 14 16 16 16 

Nebraska 3 5 .. .. 5 5 

Nevada i 3 .. •• 3 3 

New Hampshire ....2 4 .. .. 4 4 

New Jersey 7 9 9 9 ,. 

New York 34 3^ 36 36 

*Popularvote — Cleveland, 4,911,017 ; States, 20; Blaine, 4,848,334; States, 18; 

Butler, Greenback-Labor, 133,825; St. John, Prohibition, 151,809; Scattering, 
11,362. 




S. GROVER CLEVELAND. 




THOMAS A. HENDRICKS. 



615 



516 POLITICAL HISTORY OF 

Electoral Vote — Continued. 









' 


Democrat. 


R 


epublican. 


States. 


Basis of 




Grover 


Thos. A. 


James 


G. 


John A. 




154,325 


Votes. 


Cleveland, 


N.Y. 


Hendricks, Ind. 


Blaine, Me. 


Logan, 111. 


North Carolina.. 


... 9 


II 


II 




II 


. . 




. . 


Ohio 


. . .21 


23 

3 








23 

3 




23 

3 


Oregon 


. .. I 


, . 




, . 




Pennsylvania . . . 


...28 


30 


. . 




• • 


30 




30 


Rhode Island. . . 


... 2 


4 
9 


9 




9 


4 




4 

• • 


South Carolina.. 


... 7 


Tennessee 


. . .10 


12 


12 




12 


• • 




• • 


Texas 


...II 


13 


13 




13 


, . 




, . 


Vermont 


. .. 2 


4 








4 




4 


Virginia 


. . . 10 


12 
6 


12 
6 




12 
6 


• « 






West Virginia.. . 


... 4 


^ ^ 


Wisconsin 


... 9 


II 








II 




II 


Totals 


-325 


401 


219 




219 


182 




1S2 



THE CABINET. 

Secretary of State Thomas F. Bayard, Del. 

Secretary of Treasury Daniel Manning, N. Y. 

(Succeeded by Chas. S. Fairchild, N. Y., April i, 1887.) 

Secretary of War William C. Endicott, Mass. 

Secretary of Navy William C. Whitney, N. Y. 

Secretary of Interior Lucius Q. C. Lamai% Miss. 

(Succeeded by William F. Vilas, Wis., December 5, 1887.) 

Attorney-General.. Augustus H. Garland, Ark. 

Postmaster-General William F, Vilas, Wis. 

(Succeeded by Don M, Dickinson, Mich., December 5, 1887.) 

THE POLITICAL SITUATION.—On coming into power 
after a long retiracy of twenty-four years, the Democratic party 
found practically a new country, but one at peace and in the en- 
joyment of unbounded prosperity. The Arthur administration 
had been clean, safe and elegant rather than bold and strong. 
Politically there was but little to ripple the surface of events, and 
Mr. Cleveland came upon the scene with the best wishes of the 
nation at his back, and with a prestige for independent thoughts 
and conservative methods. He was younger than the ante-war 
principles of his party, unshackled by ancient political complica- 
tions or previous national record, and could well afford to pro- 
ceed cautiously with the work of his administration. He, and, 
for that matter, his party, had everything to gain by an adminis- 
tration of affairs which should embody wisdom and safety. He 



THE UNITED STATES. 517 

made his Cabinet selections without much regard to the wishes 
of party leaders, and naturally gave the preference to his own 
State, which secured two of the leading secretaryships. 

The President's inaugural was a brief paper, pledging close 
observance of the Constitution and laws, advising the limitation 
of public expenditure to the needs of the government, desiring 
peace, commerce and honest friendship with all nations — en- 
tangling alliances with none ; devotion to the doctrine that our 
system of revenue should be so adjusted as to relieve the people 
from unjust taxation and prevent the accumulation of a surplus 
in the Treasury ; care for the public domain and fair treatment 
of the Indians; enforcement of the laws against polygamy and 
the immigration of foreign servile classes ; rigid execution of the 
Civil Service laws on the principle that public office is a public 
trust. 

The document was a plain, unimpassioned declaration of the 
President's views and hopes without attempt to commit his party to 
anything new or startling, and it was well received by the country. 
Any policy shaped upon it and honestly adhered to must rather 
continue in general terms the political ideas of his predecessors 
than revolutionize them. 

So the new administration came quietly into power, and grad- 
ually set about to improve the months prior to the meeting of 
the 49th Congress by fitting itself to a policy and purpose. This 
work would not prove exciting, for Mr. Cleveland was not re- 
garded as a man of creative intellect, original force or venture- 
some disposition. He owed much to what was odiously termed 
the " Mugwump " element in the Republican party, and this 
would prove a balance wheel should he attempt to yield too sub- 
missively to the pressure of the mere place-hunter, which was 
now getting heavier every day. 

On Nov. 25, 1885, the Vice-President, Thos. A. Hendricks, 
died suddenly, and the President pro tern, of the Senate, John 
Sherman, of Ohio, became acting Vice-President under the law. 
This made a Republican President possible in the event of Mr. 
Cleveland's death. 
FORTY-NINTH CONGRESS— Y'xxsl Session.— Met Dec. 7, 



518 POLITICAL HISTORY. 

1885. Much interest naturally centred in the meeting of this 
Congress, the first under the Cleveland administration. Parties 
in the Senate stood : Republicans, 42 ; Democrats, 34 ; a Repub- 
lican majority of 8. In the House the Democrats had 184 
members and the Republicans 141, a Democratic majority of 43, 
though four of these were Independents. 

The President's Message, his first to any Congress, was eagerly 
looked for. It proved to be a very lengthy document and a 
worthy state paper. Its three salient points were the much 
mooted silver question, the tariff, and the civil service — with in- 
teresting side lights on the Indian problem, commercial treaties, 
Mormonism, the navy, and other current subjects. The Presi- 
dent portrayed in sharp, bold outline the dangers of further coin- 
age of the Bland silver dollar and urged that such coinage be 
stopped. In his tariff views he practically gave away the case 
of the free-trade element in his party and, while stopping short 
of the doctrine of protection, landed squarely on the position oc- 
cupied by Mr. Randall and the " protection " minority in his own 
party. On the civil service question he wrote with dignity and 
force in its favor, and this part of his message was greatly lauded 
by his Independent Republican supporters and admirers. Thus 
on all the vital issues the President showed himself far in advance 
of his party and quite square with the measures which had taken 
shape within the past few years. In only one respect did he 
appear to be unequal to his professions, and that was in the prac- 
tical workings of the Civil Service act, which was not operating 
so as to prevent rapid partisan changes in the offices, as was ex- 
pected by its framers. 

The House organized by the re-election of Mr. Carlisle, Ky., 
as Speaker over Mr. Reed, Me. Though the Democrats had a 
good working majority, they did not make much haste with 
legislation, and the session proved long and uninteresting. An 
episode occurred in the Senate which for a time ruffled the 
political serenity and threatened a serious breach with the Presi- 
dent. Mr. Cleveland had made a removal of a prominent official 
for alleged cause, and had sent to the Senate the name of his 
successor for confirmation. The Senate asked for the papers 




THOS. F. BAYARD. 



L. Q. C. LAMAR. 




AUGUSTUS H. GARLAND. 



WM. F. VILAS. 
519 



520 POLITICAL HISTORY OF 

connected with the case, as was usual. Those relating to the 
removal of the incumbent were withheld, as being papers proper 
only for Presidential review. The Senate made its demand more 
peremptory. The President replied by sending an opinion of 
his Attorney-General vindicating his course. The Senate in 
turn resolved in the future to refuse its '* advice and consent " to 
all removals from office, the papers relating to which were with- 
held by the President. It was but another form of the old vexa- 
tious and dangerous question how far the President can annul by 
arbitrary removal the assent which the Senate gives under the 
Constitution to an Executive appointment. 

The weighty and absorbing question in the House was the old 
Morrison Tariff bill in fresh garb. It was more than ever a 
Democratic stumbling-block, and was finally defeated by a refusal 
of the House to go into Committee of the Whole to consider it as 
reported from the Committee of Ways and Means, a Democratic 
minority voting with the Republicans to secure this end. In its 
work the Senate was far in advance of the House, and that body 
passed such important bills as one to provide for Counting the 
Electoral Vote, the Blair Educational bill, supplement to the act 
to suppress Polygamy, etc., none of which were reached in the 
House. The River and Harbor bill for the session appropriated 
the munificent sum of ;^ 14,473,900. Large appropriations were 
also made for improving the navy by means of new war steamers. 
The President used his veto power with vigor upon bills grant- 
ing pensions to Union soldiers in special cases. One hundred 
and fifteen of these bills thus fell under executive displeasure. 
A bill regulating the Presidential succession became a law Jan- 
uary 19, 1886. This session dragged its tedious length into 
August, and passed into history as one of the longest on record, 
while measured by its achievements it was by far the longest. 
It was never at any time animated by heated party discussions, 
and the dominant party ventured nothing in the shape of new 
or aggressive measures. Congress adjourned August 5, 1886. 

FORTY-NINTH CONGRESS—SQCond Session.— Met Dec. 
6, 1886. But little had transpired during the short interval be- 
tween the two sessions of the Forty-ninth Congress to ruffle the 



THE UNITED STATES. ' 521 

current of political events. The Congressional elections in No- 
vember showed a drift of sentiment away from the Democrats 
and back toward the Republicans in districts where the lines 
were sharply drawn between Protection and Free-Trade. The 
comfortable working majority of forty-three which the Demo- 
crats enjoyed in the Forty-ninth Congress was reduced to a slen- 
der majority of sixteen in the Fiftieth Congress, and more than 
two-thirds of this loss of twenty-four members was accounted for 
by the distaste of constituents for the Free-Trade leanings of 
their old members. 

Though the political outlook did not augur well for what was 
popularly spoken of as the Carlisle sentiment in the Democratic 
party, the President did not hesitate to take a decided step in 
his message toward the doctrine entertained by the majority 
wing of his party. After expressing disappointment at the little 
progress made during the previous long session toward reaching 
conclusions on such momentous questions as the " fisheries ne- 
gotiations," the reduction of the surplus, the suspension of com- 
pulsory coinage, etc., the President repeated with emphasis the 
language of his former message regarding the necessity of di- 
minishing taxation to a point within the needs of the country, but 
now he was no longer undecided as to the means. Reduction 
by removing the internal revenue tax was scarcely alluded to, 
but the plan which he seemed to think wisest was a judicious 
scaling of the tariff on imports, and especially a transfer of many 
of the cruder articles from the dutiable to the free list. The 
message, which was lengthy and diffuse, concluded with a de- 
fence of his pension vetoes during the former session. 

This session of the Congress was bound to be crowded and 
confused, for an immense amount of unfinished work came down 
from the previous session, and many new questions were press- 
ing for solution. The Democratic majority in the House grappled 
heroically at first with fhe tariff issue, but the time was frittered 
away in useless conferences between the majority and minority 
wings of their party, and the whole matter remained as if it had 
been untouched. Speaker Carlisle was so firm in his position 
that revenue reduction should only come about by means of 



522 POLITICAL HISTORY. 

scaling the tariff rates, that he refused to let a vote be taken on 
a minority bill to repeal the internal tax on tobacco. 

The Senate anti-Polygamy bill of the last session was passed 
in the House. It had the effect of virtually disfranchising the 
Mormons, and was the severest blow that peculiar institution 
had yet received from the government. The Inter-State Com- 
merce bill also passed. This measure established a commission 
whose duty was to inquire into railway management, break up 
harmful combinations, secure uniformity of rates and in every 
way nationalize through-route traffic. This act did not draw 
party lines closely, though it was not in harmony with the an- 
cient State-right theories of many of ihe Southern Representa- 
tives. Amxong the other bills of more or less political significance 
passed during the session was one granting pensions to Mexican 
soldiers, one redeeming the " Trade Dollars," the Senate Bill 
regulating the Electoral Count, and the bill repealing the Tenure 
of Office Law. The Dependent Pension bill for Union soldiers 
was passed, vetoed by the President, and failed to pass over his 
veto. 

This important session, which witnessed the end of the Forty- 
ninth Congress and the completion of two years of a Democratic 
administration, placed to its credit some very desirable legisla- 
tion, but failed to project into laws the issues which were dis- 
tinctively political and respecting which parties were divided or 
likely to divide. 

The session adjourned by limitation on March. 4, 1887, and 
the Congress as an entirety left the Tariff and Internal Revenue 
questions where it found them; the Free Silver Coinage Law 
remained in a worse state than before, for the issue of one, two and 
five dollar silver certificates, based on the coin stored in the vaults, 
was only a postponement of the real question ; the Pacific Rail- 
road indebtedness was left to increase under the lame provisions 
of the old Thurman Act ; the bankrupt laws were left to the 
mercy of each State ; the basis of the National Bank circulation 
was permitted to dwindle away without providing a substitute ; 
indigent war veterans were unprovided for; the Senate bill 
raising a Commission to examine into the Liquor Traffic was 




DON M. DICKINSON. 



BENJAMIN HARRISON. 




JOS. E. McDonald. 

523 



524 POLITICAL HISTORY. 

ignored ; the Blair Educational bill found no favor at all in the 
House; all of the bills looking to the admission of Dakota and 
Washington Territories died in the committee's hands. The bill 
imposing a tax on oleomargarine, and reducing postage to two 
cents per ounce, both of which became laws, met a unanimous 
popular wish. The closing days of Congress were so crowded 
that the Deficiency Appropriation bill failed to pass, and there 
was considerable agitation over the prospects of an extra session 
for the purpose of providing funds necessary to meet claims 
against the government. 

FIFTIETH CONGRESS— Y'lYst Session.— Met Dec. 5, 1887. 
In the Senate the Republicans had a majority of one. In the 
House the parties stood: Democrats, 168; Republicans, 152; 
Independents, 4; vacancy, I. The Democrats renominated Mr. 
Carlisle, Ky., for Speaker, and the Republicans Mr. Reed, Me. 
Carlisle was elected by a vote of 163 to 148, a majority of 15. 
The Democratic House majority in the previous (Forty-ninth) 
Congress was 43. The Speaker's address declared that this 
Congress must assume the responsibility of removing taxation 
and stopping the accumulation of revenue in the Treasury, in 
order to avoid depression of industries and probable panic ; and 
it should so legislate as not to disturb invested capital or seriously 
affect the status of labor. 

The President's Message was a brief paper of about 4,500 
words and a new departure in the way of annual messages. It 
made no allusion to the various matters of interest presented by 
the heads of departments in their reports, nor to any measure of 
general moment save that branch of finance which concerned 
taxation, customs' duties and the Treasury surplus. In this 
respect it was a special paper rather than an executive review 
of the entire country, and was apparently called forth by an ex- 
isting party demand for definite legislative action during the 
session of Congress. It indicated a wide departure on the part 
of the President from the position held by him in former mes- 
sages, and a seeming conversion to the free-trade doctrines main- 
tained by a majority of his party. It was a surprise to all ex- 
cept the initiated, and was much discussed by friends and foes. 




525 



526 POLITICAL HISTORY OF 

The former saw in it a bold, clear statement of the true situation, 
and they regarded it as a timely declaration of the principles of 
Democracy as they must take shape in the next presidential 
campaign. Indeed it may be truthfully said that the radical free- 
traders of the party rejoiced over the signal recognition of their 
particular views by the President. On the other hand, the more 
conservative element of the party, and especially the " Protec- 
tion," or " Revenue Reform," element, headed by Mr. Randall, 
did not look upon it kindly. They regarded it as an unwise 
paper at that juncture, and as containing the seeds of political 
disaster to the party, while it virtually crushed them as an im- 
portant minority factor. The Republicans accepted it as a 
throwing down of the free-trade gauntlet and an invitation to 
them to contest the case of " Free-trade vs. Protection," both in 
the halls of Congress and the coming national campaign. They 
criticised it for its lack of new and convincing argument ; its dis- 
crimination against the protective system in general, and the item 
of wool in particular, and for its unnecessarily bitter spirit, as 
evinced by such expressions as, " But our present tariff laws, the 
vicious, inequitable and illogical source of unnecessary taxation, 
ought to be at once revised and amended." They looked upon 
it as disingenuous and illogical in the respect that while the 
President professed to be moved by an honest desire to reduce 
the surplus in the Treasury, he entirely overlooked the very easy 
and popular means of doing it by abolishing the internal revenue 
taxes — a set of taxes which the Democrats had always denounced 
as odious, iniquitous and savoring of war times — but selected as 
a means that which would prove a blow to American industries 
and the entire system of protection, and which, at any rate, would 
not work out in practice, since to reduce duties on articles of 
import below the point of protection was but to invite a larger 
importation and increased revenue. 

President Cleveland handed to the Senate for confirmation the 
nomination of L. Q. C. Lamar, Miss., his Secretary of Interior, 
to be an Assistant Justice of the U. S. Supreme Court; William 
F. Vilas, Wis., his Postmaster-General, to be Secretary of the 
Interior ; Charles S. Fairchild, N. Y., Acting Secretary of the 



THE UNITED STATES. 527 

Treasury, to be Secretary in place of Daniel Manning, resigned, 
and since dead ; Don M. Dickinson, Mich., to be Postmaster- 
General. These nominations were promptly confirmed, except 
that of Lamar for a U. S. Justice, which hung for several weeks 
in the Senate and was then confirmed by a very small majority. 
Mr. Carlisle withheld his selection of the House Committees till 
after the holiday recess, so that the Congress was not organized 
for effective work till the middle of January, 1888. 

A serious question, which did not divide parties, but which 
reflected seriously on the tardiness or indifference of the admin- 
istration, arose two or three years before this time in the form of 
what was known as " The Fishery Question." The Canadian 
authorities had repeatedly seized American fishing vessels putting 
into their ports, under their construction of existing treaties, 
which prevented such vessels from fishing within three miles of 
the shores. The Canadians drew the limit from head-land to 
head-land of their bays and inlets. The Americans insisted on 
a three-mile limit which followed the coast indentations. The 
frequent seizures led to indignation on the part of the fishing in- 
terests, and finally to the conclusion that the time had come for 
a modification of the treaties if war was to be averted. The 
Forty-ninth Congress authorized the President to take such steps 
as would remedy the evils and preserve the dignity of the United 
States, even going so far as to authorize him to use retaliatory 
powers. His Secretary of State, Mr. Bayard, called a Commis- 
sion to investigate the matter. This Commission was met at 
Washington, in November, 1887, by a Commissioner from Eng- 
land and one from Canada. Their sittings ran into February, 
1888, when an agreement, in treaty form, was submitted to the 
Senate without hope of adoption, as it surrendered as many 
vital points of dispute as it gained. 

The Report of the Secretary of Treasury to the Congress 
showed that the Treasury surplus, about which all parties were 
exercised, and which had really come to mean unnecessary drain- 
age of the country and dangerous locking up of so much of the 
circulating medium, was, Dec. i, 1887, ^55,2 59,OCX); and would 
be by June 30, 1888, ;^ 140,000,000. 



528 POLITICAL HISTORY. 

Not a very pleasant feature of the opening of this Congress 
was the contest for his seat which the Speaker, Mr. CarHsle, was 
forced into by Mr. Thoebe, an Independent and Labor Demo- 
crat, who claimed to have been elected in the Sixth District of 
Kentucky by 600 majority. The contest was decided eventually 
in favor of Mr. Carlisle, and whatever the merits of the case may 
have been, it is historic that the election in 1886 was close in a 
district which had given Mr. Carlisle 6,000 majority in 1884, and 
that on the whole the revolution was scarcely more signal than 
that which had retired many members of Mr. Carlisle's economi- 
cal school in other Congressional districts. 

Mr. Mills, of Texas, took hold of the tariff measure which the 
Democrats, as a majority party, were under obligation to present, 
and the management of which usually gave one the distinction 
of a party leader. It was evident from the beginning that this 
was to be the absorbing measure of the session, and that upon it, 
together with the repeal of internal taxation, party lines would 
be closely drawn, except as the followers of Mr. Randall chose 
to divert a Democratic contingent into Republican channels. 



PRESENT 

POLITICAL QUESTIONS. 




CIVIL SERVICE REFORM. 

[TS NATURE. — The Civil Service properly embraces all 
officials, outside of the army and navy, engaged in ad- 
ministering a government, National or State. 

In our government a part of these officials are elected 
by the people, as the President and members of Con- 
gress, Senators are elective, but by Legislatures. So in the 
States, Governors and various State officers are elective. What- 
ever their importance, their number is smaller than the appointive 
officials. Whether elective or appointive, all these officials go 
to make up the civil service ; that is, they carry on the civil 
administration. 

But elective officials are responsible directly to the people. 
They do not constitute a part of the civil service in its narrower 
sense. In this narrower sense the civil service embraces only 
the appointive officials. But before we reach that part of the 
civil service which is now the object of reform, we must still 
further narrow it to those officials who are appointive and whose 
duties are subordinate to the heads of the various departments 
in which they serve. The heads of all important departments 
and especially those ranking as Cabinet officers, are so closely 
identified with the elective officials, and their function has still 
so much of a political caste that they are not yet regarded as 
within the scope of statutory civil service reform, though they 

may be if the reform is ever carried to completion. 
34 la 



2a CIVIL SERVICE REFORM. 

The theory of civil administration which prevailed in all the 
feudal countries of Europe was that office, from king to lowest 
retainer, was a right and a property. It was, therefore, used in 
a selfish, arbitrary way, not to advance the welfare of the State 
or citizen, but in the interest of the official and his party. All 
office became a source of corruption, tyranny and positive dan- 
ger. This, more than anything else, was what broke the back 
of feudalism. The battle carried on for centuries between the 
people and titled officials was really a battle for reform in the 
administration of civil affairs. The death of feudalism meant 
the substitution of a new for the old doctrine respecting office 
and officials. Office was no longer a right nor its possessor a 
despotic owner. It was a trust, and its possessor a trustee for 
the people. The change was not immediate, but civil adminis- 
tration came to mean something vastly different from before. It 
was no longer a system for the perpetuation of party or men in 
power, nor for the subjugation of sentiment to their uses. The 
civil service was not a machine organized for personal and ambi- 
tious ends, but an agency for conducting the business of the 
State or people on honest and economic principles. All this in 
theory at least. 

Ever regarding the problem of civil administration with 
anxiety, and ever wishing to profit by the wisest experience and 
best examples of the old world, our early statesmen held with 
the utmost tenacity to the doctrine that office was a trust, sacred 
in proportion to its dignity and responsibility, whose administra- 
tion in order to be effective must be wholly in the interest of the 
entire people, and into which there should creep as little of the 
selfishness and personalism of the holder or the ambitions of his 
party as possible. This doctrine characterized, if it did not 
dominate, all civil administration prior to the formation of the 
Constitution. After that it was conspicuous in every national 
administration up to that of President Jackson. Without much 
drift toward the opposite, with, as it were, a skip and a bound 
over all precedent, there was then a sudden return to the ex- 
ploded doctrine of feudal times. With a simple wave of his 
presidential wand Jackson called up out of the recesses of a 



CIVIL SERVICE REFORM. 3a 

hoary past what became, in its newly vitalized form, the dogma 
that " to the victor belong the spoils of the enemy." It was as 
if civic administration had been thrown back four hundred years 
by some giant of retrogression.. ' It was the incorporation of a 
principle into modern civil procedure, which crowned king and 
titled retainer had used for a thousand years to perpetuate war- 
like power at the expense of the people's manhood and ability, 
of all political progress, and even of liberty itself It was strange 
that such a thing could happen at a time so remote from 'the 
feudal ages, and amid institutions which had grown out of oppo^ 
sition to feudal practices. It was stranger still that it should 
find ready acceptance by politicians and all political classes, and 
become so popular as to require years of organized reform to 
check and banish it."^ 

The practical application of the Jacksonian doctrine resulted 
in the removal of all civil service officials and the substitution of 
those who professed a politics in accord with the Administration. 
He justified his action by the charge that he found himself 
surrounded by political enemies, and by the claim that he had a 
right to be surrounded only by political friends if a perfect 
administration of civic affairs were expected. What po- 
litical opinion had to do with mere clerical or administrative 
ability ; w^hy he chose to regard personal or party allegiance as 
preferable to supreme allegiance to the government ; whether 
subserviency of mind or conviction was a guarantee of business 
qualification and pure civil methods ; these were questions he did 
not ask, or if so, did not answer. 

Administration has followed administration in recognizing the 
right to make a clean sweep of civil service officials. Every 
head of a department feels that it is incumbent on him to cast 
his eye along the civil service lines and spy out hostile heads for 

* " From that hour (Jackson's administration) this maxim has remained an invio- 
lable principle of American politicians, and it is owing only to the astonishing 
vitality of the people of the United States and to the altogether unsurpassed and 
unsurpassable favor of their natural conditions that the State has not succumbed 
under the onerous burdens of the curse." — Van Hohfs Constitutional History of the 
United States. 



4a 



CIVIL SERVICE REFORM. 



the political guillotine. A change is expected with every 
administration, and failure to make it is not only a disappoint- 
ment but a source of unpopularity. If such change were made 
in order to secure greater official merit, it would be desirable at 
all times. But there is no such plea, nor any test to insure it. 
On the contrary, the popular plea is now justification by prece- 
dent and reliance on the feudal dogma, " to the victor belong 
the spoils." And as to test, it is, what has he done ? what can 
he do, for the party or the patron ? The entire civil service is a 
farming ground for political leaders and their lieutenants. 
Promises of place are the incentives for prior political exertion ; 
places themselves the rewards of such exertion, if success 
ensue. Thus there is always an army of aspirants for civil 
places who have no merit except ability to manipulate a ward 
or district in the interest of a prospective patron. They be- 
come henchmen rather than competent, trustworthy officials, and 
rely for their places more on allegiance to men than on the honesty 
and capacity which alone could sustain them in business circles. 
The effect of a system like this — called by some the " system 
of rotation," by others the " spoils system " — cannot but be 
dangerous in the end to all purity, economy and efficiency in 
civil administration. It finds no countenance in any business, 
nor in any place outside of the civil service of the country. It 
tends directly to the destruction of confidence in the method of 
popular government through and by means of parties, whose 
real will it as often thwarts as carries out. It gives rise to 
closely corporate and mercenary political classes, to cliques and 
juntas of stipendiaries ; to despotic machines which run away 
with higher party instincts and pervert the sober judgments of 
the people. Popular election fails to be a faithful registry of 
studied sentiment and abiding conviction, but is a record simply 
of the desires of a scheming and ambitious few, at odds, as like 
as not, with every interest except their own. And these demor- 
alizing effects are not limited to civic administration of National 
affairs. They are felt in all the States, in all the larger cities, in 
fact, wherever civic officials are sufficiently numerous, and civic 
affairs sufficiently intricate, to pass beyond the direct scrutiny 
and knowledge of the individual voter. 



CIVIL SERVICE REFORM. 5^ 

It is the province of Civil Service Reform to overcome these 
dangerous tendencies and break up this demoralizing system by 
substituting the principles of civic administration which prevailed 
in the early days of the Republic, and so embalming them in the 
forms of law and practice as to make it impossible for President, 
Governor or any elective official to set them aside at his 
pleasure. Since the subject of this reform has been broached, it 
has grown in proportion to its importance, and has already 
taken the substantial form of experimental law in the National 
and some of the State governments, upon which law has been 
based an intelligent civil service procedure, destined to secure 
appointive civic officials without regard to their political opinions, 
but with regard solely to their merits, and to give them a tenure 
and term of office based on manhood and administrative excel- 
lence. 

HISTORY ABROAD.— K fuller understanding of the sub- 
ject of Civil Service Reform may be had by brief reference to its 
history, especially in Great Britain, whose civil service is the 
largest in the world, has engaged most profoundly the attention 
of her statesmen, and has taken the most perfect reformatory 
shapes. During the feudal periods in England and every other 
European country, power over the civil service, which was 
equivalent to the King's service, was arbitrary. Neither char- 
acter, capacity, economy, justice, duty, nor responsibility of any 
kind was recognized by the ruler, if demanded by the subject, in 
connection with civil appointments and removals. King and 
chieftain held universal, unchallenged, despotic control over all 
subordinates, and regarded them and their places as appendages 
and perquisites of their own paramount authority. . 

Against this came early revolt. Magna Charta, to which we 
trace many of the principles of our Constitution, contained the 
first civil service rule in English history. King John was made 
to promise that he *' would not make any justices, constables, 
sheriffs, or bailiffs, but of such as know the law of the realm and 
mean to truly observe it." Not a State in our Union insists on 
a similar qualification for its magistrates. As soon as the rebel- 
lion which forced Magna Charta from John died away, this high 



6a CIVIL SERVICE REFORM. 

qualification for then important offices was neglected and scorned, 
and the old abuses were renewed. Office again became a per- 
quisite and justice a farce. What the King and the favored 
officials chose to barter became authority, whose merchandise 
vitiated and benumbed the moral sense of the nation till reform 
was ten times harder than before. Not only in matters of State 
were offices dealt out to servile holders, but church offices were 
sold to the highest bidder, or disposed of so as best to secure 
favorites or placate enemies. This venality, running along for 
centuries, and over times when the moral sense was not active, 
begat a public opinion which looked upon it as inevitable.- It 
was so in France, in Germany, and wherever feudalism had left 
its impressions. Besides, those who sanctioned this corruption 
were the ruling caste, the high-born, the titled, the educated, 
Kings, nobles, priests, lawyers. If ever reform was to come it 
must be looked for from sources far below these. The people 
themselves must move. It must be a battle of the masses 
against the privileged few, and the cause one of equal rights and 
personal merit against the arrogant and narrowing assumptions 
of political officials. 

This spoils system, nurtured in despotism, injustice, and even 
violence, gave rise to a second rebellion in 1377. It was the 
Wat Tyler rebellion. A third followed in the fifteenth century, 
known as the Jack Cade rebellion. Both were protests against offi- 
cial and partisan tyranny ; both attempts to secure civil service 
reform. They did but scatter a little wider the seeds of whole- 
some public sentiment. In all else they were failures. Planta- 
genet and Tudor adhered to their arbitrary disposition of offices, 
though in the face of a people whose fears of feudal practices 
were gradually growing less. Yet power felt the weakness of 
its position, for amid the religious furore from Henry VIII. to 
James II., it bolstered itself with the dogma of the "divine right 
of kings," and James I. announced, "As it is atheism and blas- 
phemy in a creature to dispute what the Deity may do, so it is 
presumption and sedition in a subject to dispute what a king 
may do in the height of his power." During his reign official 
corruption became more shameless than ever before. 



CIVIL SERVICE REFORM. 7^ 

Popular intelligence was growing apace. Pym, Elliot, Hamp- 
den and Puritanism were possible. So was Cromwell, the latter 
not a mere administrative reformer, but an impersonation of a 
new spirit in both religion and politics. He stood for the peo- 
ple, as against rank, privilege and the entire spoils system. He 
disrupted, overthrew, abolished, purified, in the name of economy, 
merit and reform. It was a magnificent outburst of the people's 
power, and a mighty lesson in political history. Cromwell did 
not fail in the means to precipitate revolution, but when it 
came to perpetuating it, not unmixed with his own personalism, 
he resorted to the official tests against which his whole move- 
ment was a protest. His death was the rapid decline of the 
revolution. He reformed a wicked and daring system only 
in part. But he left an army of bold thinkers on political 
questions, and the system he struck at was never to regain its 
old prestige. 

The Bill of Rights which settled William Prince of Orange 
on the throne (1688) was very nearly a set of Civil Service 
Rules. It saved the judiciary, even down to the magistrates, 
from all political interference, and greatly modified patronage in 
every department of civic administration. A few of the higher 
officials whose intimacy with the king was unquestioned and 
whose advice and confidence he ought to have, were still to be 
his own ap{5ointees. These became his especial ministers, and 
the body together his Cabinet. Thus the old Privy Council 
was superseded, and the new body became that upon which our 
own Cabinet is modelled. Henceforth in England the per- 
sonalism of power was lost, and the politics of the realm was 
vested in parties of the people. Would they prove any purer 
and better than kings, nobles, and the central juntas? Not a 
whit. Parties in Parliament resorted to the same old means of 
securing and retaining power. Partisan appointments to office, 
illegal use of patronage, the raising up of an army of political 
adherents by distribution of spoils, these were to be sources of 
corruption and disgrace for a hundred and fifty years more. 
The only difference was they were more visible, and parties 
could be more readily rebuked. The people had, or could 



Sa CIVIL SERVICE REFORM. 

have, temporary redress. Parliament and parties could not 
be so effectively tyrannical and dangerous, such complete rob- 
bers of rights, as kings and privileged classes had been. 

The old reform battles between the people and the privileged 
classes were therefore to be renewed between the people and the 
Parliaments. Manfully was the strug|,;le carried on. The fall 
of Lord North and the Independence of America mark its cul- 
minating point. After that, from 1800 to 1853, the monopoly 
of patronage in the Parliament witnessed a decline. Reform 
statutes began to crowd the books. Notions of civil adminis- 
tration on a business basis took deep hold. The people held 
mass meetings and demanded economic service and their right 
to recognition on the ground of merit. Public opinion in favor 
of mental and moral tests of fitness for civil places grew rapidly, 
and the political leaders were forced to bow to it. The English 
civil service was then the largest in the world, the East Indian 
branch alone requiring an army of officials. In 1853 the efforts 
of reform were crowned with success by the opening of the civil 
service to free competition, and the acceptance of all minor offi- 
cials on the basis of merit established by actual examination. 
A permanent Civil Service Commission was established, whose 
business was to complete the reform. The work has gone on 
from reform to reform, ever since. Official monopoly of nomi- 
nation has been broken up. Report after report has been made 
by the commission in proof of the signal superiority of the new 
over the old service. The political atmosphere is purer every- 
where. The young of all classes are stimulated to qualify for 
examination. Certainty of civil position, without a barter of 
manhood, sale of principle, or promise of subserviency, renders 
place desirable and honorable. Then after the holder is worn 
out with labor, or bowed with years, he is taken care of by the 
government he. has faithfully served. There is no leading Eng- 
lish statesman to-day who does not testify to the value of this 
great reform. It is permanently incorporated on the civic ad- 
ministration and for its great purity and elevation. Says Sir 
Charles Trevelyan, ** You cannot lay too much stress on the 
fact that the making of public appointments by open competi- 



CIVIL SERVICE REFORM. 9<^ 

fion has been accepted by all our political parties, and there is 
no sign of any movement against it from any quarter." 

HISTORY AT HOME.—Th^ first Congress had under con- 
sideration the subject of civil service. It refused to limit the 
term of civic offices, for the reason that the power of executive 
removal rendered such a limitation unnecessary. This was 
clearly in accord with the constitutional intention, for that in- 
strument when it fixes a term and tenure for non-elective offi- 
cials — judges for instance — extends it over a period of efficiency 
and good behavior. Judgment as to a like period for subordi- 
nate civic officials was left with the President. They were 
appointive for public considerations — not private — and for such 
term as they proved adequate to the discharge of duty properly 
and satisfactorily. 

As to the higher offices — cabinet offices and those intimately 
advisory — Washington said, *' I shall not, while I have the honor 
to administer the government, bring a man into any office of 
consequence, knowingly, whose political tenets are adverse to 
the measures which the general government is pursuing, for this 
in my opinion would be a sort of political suicide." The Re- 
publican Jefferson and Federalist Bayard both reiterated this 
doctrine in 1800, and took care to exclude from it all subordinate 
ministerial officials. Woolsey in his Political Science says, 
" When the Democratic (Republican) party came into power 
with Mr. Jefferson, the removals were so few that single cases 
excited a sense of wrong through a whole State." John C. 
Calhoun, in his speech in the Senate (1835) on Jackson's 
removals, said, " Then (Jefferson's administration) the dismissal 
of a few inconsiderable officers, on party grounds as was sup- 
posed, was followed by a general burst of indignation ; but now 
the dismissal of thousands, when it is openly avowed that the 
public offices are the spoils of the victors, produces scarcely a 
sensation." Buchanan said in the Senate (1839), " ^ should not 
become an inquisitor of the political opinions of the subordinate 
office-holders who are receiving salaries of some ;^8oo or ;^i,0(X) 
a year." 

When the subject was up in the First Congress (1789) Madi- 



10a CIVIL SERVICE REFORM. 

son laid down the principles which were generally accepted by 
his contemporaries and uniformly enforced till 1820. They 
were to the effect that the power and duty of making removals 
were equally vested in the President alone, with an authority 
on the part of the House of Representatives to impeach him if 
he should either allow an unworthy officer to continue in place 
or wantonly remove a meritorious officer. Fidelity and efficiency 
were the measure of tenure, as character and capacity were the 
tests of appointments. There was no fixed term and apparently 
no need of any. Washington made only nine removals, and all 
for cause. John Adams made only nine removals, and none, so 
far as is known, for political reasons. 

Jefferson confronted a situation somewhat novel. There had 
been a political revolution. He saw, or chose to see, something 
obnoxious in a few of Adams' appointees, and so removed 
several, among whom was the collector of New Haven. The 
fact that his successor was old and inefficient drew a remon- 
strance from the citizens, and this a reply from Jefferson, in 
which he said, " Is it political intolerance to claim a propor- 
tionate share in the direction of public affairs ? If a due par- 
ticipation of office is a matter of right, how are vacancies to be 
obtained ? Those by death are few, by resignation none. I 
proceed in the operation with deliberation and inquiry that I may 
injure the best men least, and effect the purposes of justice and 
public utility with the least private distress, that it may be thrown 
as much as possible on delinquency, oppression, intolerance, and 
ante-revolutionary adherence to our enemies." Then lamenting 
the fact that he found none of his party friends in office, he pro- 
ceeds, " I shall correct the procedure, but that done, return with 
joy to that state of things when the only question concerning a 
candidate shall be : Is he honest ? Is he capable ? Is he faith- 
ful to the constitution ? " This is worthy of notice as the first 
announcement by a President of a civil service method to be 
applied to subordinate officials. It has been variously con- 
strued, some choosing to see in it the enunciation of a principle 
which in Jackson's time became the cry of *' to the victor be- 
long the spoils," others the doctrine that only honesty, capacity 



CIVIL SERVICE REFORM. 11« 

and patriotic fidelity should prevail in determining appointments 
and removals, perhaps obscured a little by impatience over the 
slowness of time to made desirable vacancies. He made only 
thirty-nine removals, and none of them, as he declared, for politi- 
cal reasons. 

Madison made only five removals ; Monroe only nine ; John 
Q. Adams only two ; and all these for cause. Of course defal- 
cations and inefficiency in office were not wholly unknown, but, 
in general, civic administration was able, pure and respectful. 
No other government had then reached so high a plane of 
fairness in dealing with those who served it, nor exhibited 
greater regard for character and fitness in its subordinate em- 
ployes. 

It seems almost impossible that this early system, so fully 
agreed upon by statesmen and parties, so strongly entrenched 
in our institutions, so supported by custom and practice, should 
shake and crumble. Let it be said with pride that the national 
government, however responsible for its downfall later on, 
was not at first to blame. The blight of the spoils system 
spread to it from the States, and notably from New York. That 
State had gained unenviable fame in the political contests of 
1808, in which Van Buren traded his services to Tompkins for 
a judgeship. The Clintonian school was equally reckless. The 
judiciary was dragged down into the mire of politics. Before 
1830 no State judge had ever gained office by popular vote. 
After that the infection spread, and now the judges of twenty- 
four States are selected at the polls for short terms, though the 
average term has gradually lengthened during later years and 
under the influence of a reaction which was inevitable. 

Profiting by the power which judicious use of patronage 
bestowed. Burr completed the system of political spoils in New 
York by requiring short terms of office, strict partisan tests, 
and servile obedience to leaders on the part of all officials. 
Even Clinton winced under the organized interference of 
Federal officials with the politics of the State. Civic affairs 
there were characterized by the most desperate and unscrupulous 
management. The new system was not without fascination for 



12a CIVIL SERVICE REFORM. 

the ambitious. It never has been. Even Jackson, during his 
early aspirations for the Presidency, said, " I am no poHtician, 
but if I were, I would be a New York politician." All this was 
before 1820. 

In that year the infection of the New York system passed 
from the States to the Federal government. A law was enacted 
which was credited to the joint ingenuity of Crawford and Van 
Buren, both aspirants for the Presidency, and which was clearly 
designed to open political patronage to ambitious and personal 
uses. It was the first law which fixed a term for minor civil 
offices. Changing their constitutional or customary tenure, it 
gave to district attorneys, collectors, naval officers, surveyors, 
paymasters and several other officers of like or lesser grade a 
term of four years. It declared the commissions of all officers 
dated Sept. 30, 18 14, vacant on the same date of September, 
1820. Thus by retroactive legislation a full line of vacancies was 
secured on the very eve of a Presidential election. The act 
further provided that all these officers should subsequently be 
removable at pleasure. This was rotation for the mere sake of 
rotation, and further it was decided revolution, so far as all pre- 
cedent and all constitutional construction went. Such an act must 
have been impossible, but for the fact that there were no party 
lines at the time, and only a set of political factions or cliques, 
each with aspiring leaders, and each leader anxious to circum- 
vent the other. A marvellous accompaniment of the bill was 
that there never was any previous thought of its introduction, 
no allegation of civic wrong-doing which it was to correct, no 
charge that the President could not or would not remove un- 
worthy officials, not a word of debate over it, not a record of 
votes made on its passage. It moved through both Houses 
with the stealth of a serpent, and brought a civic revolution as 
disastrous as it was degrading. Calhoun on hearing of its pass- 
age declared it '* one of the most dangerous bills ever passed, and 
that it would work a revolution." Jefferson wrote to Madison 
in November, 1820, condemning the act as introducing fatal 
intrigue and corruption. Madison replied that the law was cer- 
tainly pregnant with mischiefs, and that if the error be not at 



CIVIL SERVICE REFORM. 13a 

once corrected, relief will be difficult, for it is of a nature to 
take deep root. John Quincy Adams, President Monroe's 
Secretary of State, gave it out that the President signed the bill 
unwarily and without perceiving its real character, and that in 
spite of itlie adhered to the only just and constitutional practice 
of renominating every officer at the expiration of his com- 
mission unless some official delinquency or unfitness was 
proved. He further said, " if the principle of the statute is 
sound, Congress may limit the term of appointments to a 
single year, to a week or a day, and so annihilate the executive 
power." 

Six years after its passage (1826) an effort was made to repeal 
it, but the spoils system had gotten a hold and was gaining 
cankerous headway in the body politic. The act was clearly 
emboldening the spirit which gave it birth. Van Buren, who 
ranked as the greatest party manipulator of his time, did not 
hesitate to show to what uses it could be put. More cautious 
men still continued to deprecate party tests for office. Even 
Jackson, as late as 1824, in a letter to Monroe, declined to favor 
such tests. 

By 1828 Jackson, then President, was a thorough convert to 
Van Buren's idea and to the spoils system. So full of the spirit 
of that system was he, that his administration was signalized by 
the removal of twenty times more officials, for partisan purposes, 
than all who had been removed for any cause since the founda- 
tion of the government. Nor was he even yet satisfied. Thirsty 
for other vacancies, he recommended in his first message, " a gen- 
eral extension of the law which limits appointments to four years." 
Even his most admiring followers shrank from his suggestion. 
That message further declared '' rotation a leading principle in 
the Republican (Democratic) creed." Three years later (1832) 
Senator Marcy, in the Senate, and in answer to Clay's taunt that 
the New York system was fully abroad in the national govern- 
ment, entered upon its defense, and used these memorable words : 
" When they (the New York politicians) are contending for 
victory, they avow the intention of enjoying the fruits of it. If 
they are defeated, they expect to retire from office. If they are 



14a CIVIL SERVICE REFORM. 

successful, they claim as a matter of right the advantage of suc- 
cess. They see nothmg wrong in the rule that to the victor belong 
the spoils of the enemy!' 

This language seems to have set the seal of political approval 
on the new revolutionary and degrading system of official spoils. 
It was the end of the great leap which civic administration had 
taken backward into the feudal ages. The system at full play 
meant, no tenure for more than four years ; office and salaries 
the spoils of party warfare ; removals at pleasure ; rotation in 
order to give office to as many personal or party followers as 
possible ; appointments and removals for political reasons ; offi- 
cial duty to mean servility to partisan leadership and willingness 
to work for the party. Political assessments were of later 
growth, but a natural outcrop of the ingenious, tyrannical and 
iniquitous system. Such was the origin and spirit of the spoils 
system. 

On account of its " great and alarming strides," Calhoun again 
(1835) moved the repeal of the four years' law. The debate was 
memorable. Webster and Calhoun were arrayed against Madi- 
son, as to the dangerous enlargement of official power, but they 
agreed in condemning the act of 1820. Webster was " for stay- 
ing the further contagion of this plague. Men in office have 
begun to think themselves mere agents and servants of the ap- 
pointing power." White, a supporter of Jackson, declared that 
" under the present state of things, society will become demor- 
alized, the business of office-seeking will become a science, office- 
hunters will come on with one pocket full of bad characters, with 
which to turn out incumbents, and the other full of good char- 
acters, with which to provide for constituents." Calhoun said, 
" that the most certain road to honor and fortune is servility and 
flattery." Southard declared that the act of 1820 " had tended 
to make office-holders servile supplicants, destitute of independ- 
ence of character and of manly feeling." Benton said, " the act 
had become the means of getting rid of faithful officers, and the 
expiration of a four years' term came to be considered as the 
vacation of all officers on whom it fell." The bill for repeal 
passed the Senate by a vote of 3 1 to 16, but that was the end of it. 



CIVIL SERVICE REFORM. l^^ 

There has been no later attempt to wipe out this four years' 
law. The Whigs, on their accession to power in 1 840, might 
have been expected to correct a system they had ridiculed, op- 
posed and despised. But they adopted it, and from that time on 
it grew apace until it finally came to be regarded as indispen- 
sable to party success and government. The sons seemed not 
to be alarmed at the dangers which the fathers had apprehended 
from an extended and corrupt official patronage. It remained 
for the grandsons, in view of a vastly extended country and a 
mighty swelling of official numbers, in view of greater tyranny 
on the part of masters and greater dependence on the part of 
subordinates, to strike an effective blow for manhood tenure, 
merit term, non-partisan place, and only patriotic fealty. The 
anti-feudal doctrine is that public office is a solemn trust, whose 
most important condition is to choose the best possible men for 
the different places. And this has found sanction in our highest 
judicial tribunal, whose language is, " The theory of our govern- 
ment is that all public stations are trusts, and that those clothed 
with them are to be animated in the discharge of their duties 
solely by considerations of right, justice, and the public good." * 

THE FIRST REFORM— Wq have seen that by 1853 civic 
appointments in England were based on competitive tests made 
through open examination. In that year a law was passed by 
our Congress dividing the Clerks of the Treasury, War, Navy, 
Interior, and Post-office Departments into classes, and declaring 
that " no clerk shall be appointed until found qualified by a board 
of three examiners." In 1855 the act was extended to the State 
Department. This was known as the *' pass examination." It 
was not necessarily open nor at all competitive. In practice, it 
was no examination at all. We speedily fell away from the 
policy which the law was designed to establish, and were soon 
as much at sea as before. 

THE SECOND REFORM. In 1868 Mr. Jenckes, chairman 
of the Joint. Select Committee on Retrenchment, presented in 
his report a mass of information bearing on the workings of the 
reformed civil service in England. His speeches on the subject 

* Trist vs. Child, 21 Wallace R. 450. 



16a CIVIL SERVICE REFORM. 

arrested the attention of Congress and led to much newspaper 
discussion. His efforts were crowned by the act of 187 1 author- 
izing inquiry into our civil service. President Grant appointed 
a commission for the purpose. A set of rules governing future 
subordinate appointments were proposed by the Commission 
and accepted by the President. . They were to take effect Jan. i , 
1872.. 

Meanwhile interesting history was being made in the New 
York Custom House. To anticipate it a little, it had been 
found that from 1858 to 1861 the Democratic Collector had re- 
moved 389 out of 690 appointees. Subsequently, in three years, 
a Republican Collector removed 830 out of 903, and another, 
in sixteen months, had removed 5 10 out of 892. Every re- 
moval involved a long and demoralizing struggle for place. The 
feeling that any day might be his last in civic service, and that 
merit could count as nothing against political favor or intrigue 
toward securing retention or insuring promotion, repelled the 
most worthy and correspondingly destroyed the manhood and 
reduced the efficiency of those who were successful. The same 
results were manifest in the Post-office, and they were visible 
in all the large cities containing elaborate Federal offices. Gov- 
ernor Cornell declared that one-third of the officials of New 
York could be mustered out with advantage to the public. The 
late President Garfield said, in Congress, that under a judicious 
civil service the government could be carried on at one-half its 
usual cost. President Arthur became Collector in 1871. He 
was soon convinced that a stable tenure was absolutely essential 
to a reform of the customs administration. In five years he re- 
moved only 144 officials, and certified to the Secretary of the 
Treasury, Nov. 23, 1877, that *' Permanency in office, which, of 
course, prevents removal except for cause, and secures promo- 
tion based upon good conduct and efficiency, is an essential 
element of correct civil service," a conviction he reiterated 
in his letter of acceptance as Vice-President, in which he says : 
" The tenure of office should be stable. Positions of responsi- 
bility should, so far as practicable, be filled by the promotion of 
worthy and efficient officers." 



CIVIL SERVICE REFORM. 17^ 

The system proposed by the Grant Commission was based on 
merit, to be ascertained, in a limited way, by competitive examin- 
ation. It was not received warmly in official circles, though it 
had the President's endorsement. It was therefore placed at a 
great disadvantage, though its good effects were clearly apparent. 
In 1874 the Commission made a report which showed that, as 
far as tried, the system had secured for the service persons of 
superior capacity and character, and had tended to exclude un- 
worthy applicants ; that officials were more ambitious to acquire 
information ; that unreasonable solicitation, on the part of appli- 
cants and their friends, of the heads of departments had dimin- 
ished ; that unworthy persons could be more readily dismissed ; 
that intriguing pressure for place was less noticeable. The 
President concurred with the Commission's report, and sent a 
special message to Congress asking for ;^25,000 with which to 
continue the work, which met with refusal. 

That this did not arrest the reform sentiment was shown by 
the fact that it exerted a greater influence in the next Presiciential 
election than ever before. The platforms of the leading parties 
distinctly announced the doctrine that office was a public trust 
and should be administered only with a view to economy and 
the highest good, and without reference to partisanship and spoils 
In his inaugural President Hayes said : " I ask the attention of 
the public to the paramount necessity of reform in the Civil 
Service ... a reform that shall be radical, thorough and com- 
plete — a return to the principles of the founders of the govern- 
ment." Though no general and uniform system of determining 
minor appointments was adopted during his administration, it 
witnessed, as he was forced along by a growing public senti- 
ment, an abatement of the abuse of Congressional dictation of 
nominations, the overthrow to a great extent of the custom of 
Senatorial control of State patronage, prohibition of political 
assessments, and prevention of interference in caucusses and 
conventions by Federal office-holders. His administration also 
witnessed the special application of the merit system, and the 
tests provided by competitive examination, to applicants for 

place in the New York Custom House and Post-office, by which 
35 



18a CIVIL SERVICE REFORM. 

means removals among subordinates for political reasons have 
well-nigh ceased, and a much higher, purer and abler service 
has been secured. 

The Republican platform of 1880 contained a square accept- 
ance of the radical civil service reform announced in President 
Hayes' inaugural. The Democratic platform declared for " a 
general and thorough reform of the civil service." President 
Garfield reiterated the sentiments of his predecessor, but the 
Congress was very perverse. The elections of 1881 and 1882 
were reminders that there was a sentiment abroad which would 
not longer tolerate existing political methods. There were 
pending in Congress several bills all looking to civil service re- 
form, the most conspicuous of which was that in the Senate, 
introduced by Senator Pendleton, of Ohio. On Dec. 4, 1882, 
President Arthur sent in a message urging the passage of this 
bill, or some other equally effective. On Jan. 16, 1883, it be- 
came a law by a large majority of the Congress, and went into 
effect July 16, 1883. Since its passage the Legislatures of 
several of the States have had under discussion a similar enact- 
ment, and one or two have passed laws looking to reform in 
their civil service. 

THE PENDLETON LA J^— The act creates a commission, 
composed of three members, appointed by the President and 
Senate, to be known as the United States Civil Service Commis- 
sion. They are to provide rules for open competitive examina- 
tions for testing the fitness of applicants for the public service. 
Their duties are fully laid down in the act, which also pro- 
hibits all political assessments, and provides for the appor- 
tionment of officials among the States in proportion to their 
population. 

The Commission was duly appointed and published a set of 
rules in time to put the law in operation, July 16, 1883. They 
divide the subordinate Civil Service of the country into three 
classes, excluding, of course, laborers and workmen, to wit : 
the Department Service at Washington, the Customs Service, the 
Postal Service. This division is not made, nor do the rules 
apply to cities or places, where the officials of any of the last 



CIVIL SERVICE REFORM. |9^ 

two classes do not number fifty. Examining boards are created 
at certain places, mostly in the large cities, before whom candi- 
dates for place must appear for examination. By addressing 
these Boards, or the Commission at Washington, any applicant 
can find out the conditions on which he will be permitted to 
enter the contest and the manner of conducting the same. The 
examination embraces spelling, penmanship, arithmetic, gram- 
mar, geography, history and the principles of our government. 
The candidates are graded. All falling below an average of 
sixty-five for all the subjects fail. All securing an average of 
sixty-five or over are booked with the Commission for appoint- 
ment. When a clerk is wanted in any place to which the law 
applies, the names of the four highest on the list are sent to the 
chief official, who selects one. And so with other vacancies. 
Examinations are held once a year, or oftener if necessary. The 
clerk accepted or selected is a probationer for six months. If 
then acceptable his appointment becomes complete. Promotions 
are provided for. There is no inquiry into the politics or reli- 
gion of the applicant, but he must give certified assurance of his 
moral and physical character. 

Though the system thus devised is new and somewhat crude 
it promises to develop into substantial reform. The Commis- 
sion have made one report on its results, which is altogether 
favorable. It cannot be doubted that the reform has a substan- 
tial hold on the higher sentiment of the country and a secure 
lodgment in the better judgment of political parties. That it 
will go on in this country, as in England, till it becomes a sub- 
stitute for a system both heartless and rotten is the conviction 
of its originators and friends. What monarchy ripened without 
example and against caste, a Republic should perfect beneath 
the rays of experience and amid the encouragement of a pro- 
nounced sentiment. 

ARGUMENTS FOR.— Observe, the reform thus started does 
not bear on elective officials, nor on Cabinet officers, nor yet on 
a long line of minor appointees who may be called heads of the 
sub or smaller departments both at Washington and throughout 
the country. All these are as yet recognized as belonging to 



20a CIVIL SERVICE REFORM. 

the political side of civic administration. The reform is not so 
far on as to attempt to say where the line of separation shall be 
drawn between purely civil and purely political administration. 
Nor does the reform go to the bottom of the Civil Service. 
Where, say a Collector of Customs or a Postmaster has only a 
few clerks he is supposed to know sufficiently about the ability 
of each to judge of their fitness. The reform only begins when 
the clerks number fifty, and it applies to the great intermediate 
body of clerical employes or minor civic officials. Bearing these 
facts in mind, and remembering what room there is yet for the 
extension of the reform system, the arguments relied on by its 
friends are : (i) Public office is a trust to be managed on business 
and not on political principles. (2) It is the right of the people 
to have the worthiest citizens in the public service for the gen- 
eral welfare. (3) Personal merit is the highest claim upon 
office. (4) Party government and the salutary effect of party 
activity are purer and more efficient under a merit system of 
office. (5) A partisan system of appointments and removals 
enfeebles and debases government by parties. (6) Patronage in 
the hands of legislators usurps the executive function and in- 
creases the expense of administration, (7) Non-partisan and 
actual fitness for public place can only be ascertained by compe- 
tent examination. (8) Competitive examination ends partisan 
coercion and official favoritism, and, as has been proved, gives 
the best public servants. (9) Such methods leave to parties 
their true function and use. (10) The new system has raised 
the ambition and increased the self-respect of civic officials. 
(11) Open competition is as fatal to bureauocracy as it is to 
patronage, nepotism and spoils. (12) The merit system raises 
the character of the entire subordinate service, tends to economic 
administration, invigorates patriotism, heightens the standard of 
statesmanship and causes political leaders to look for support to 
better sentiments and a higher intelligence. (13) It is a standing 
rebuke to imbecility and indolence. (14) It is a return to the 
constitutional methods of the early Presidents and statesmen 
(15) It is as practical in a Republic as under any other form of 
government. (16) Elections would turn only on questions of 



CIVIL SERVICE REFORM. 21a 

pure men and pure measures, and not on the ability of politicians 
to secure places for themselves or their friends, 

ARGUMENTS AGAINST.— (i) Party ascendency would 
be jeopardized if public patronage were not turned to its account. 
(2) Party success at the polls means preference for its men and 
measures, which carries by implication the right to partisan dis- 
tribution of the spoils. (3) Administration can only do the will 
of the majority effectively through its political friends. (4) A 
line cannot be drawn between purely civic and purely political 
administration. (5) Patronage is an inducement for parties to 
exist and continue in active work. (6) The holder of political 
place should contribute to keeping his place. (7) Political 
activity is proper, and there is always a necessity for men trained 
in politics and political methods, who cannot be had if the in- 
ducement of patronage is removed. (8) Civil Service tends to 
bureauocracy ; that is, to a class of officials who would grow 
indifferent and insolent if their places were permanent. 

By 1888 the Pendleton Civil Service Act had been in opera- 
tion for five years. It had been interpreted and put into practice 
by a very liberal-minded Republican Commission, created under 
the provisions of the law. The results had no doubt been favor- 
ably received in so far as the verdict of personal fitness on the 
part of an applicant, ascertained by the open, competitive exam- 
inations instituted by the Commission and carried out by local 
subordinate boards of examiners, was concerned. It placed the 
applicant beyond the favoritism of members of Congress and 
others in power, and in many instances was a positive relief from 
importunity for place. But it was seen that it must remodel the 
civil service of the country very slowly, for as long as the party 
which enacted the law was in power and the places were all filled 
with its adherents there would be few vacancies aside from those 
brought about by natural causes. Perhaps it was this feature 
of the system which reconciled the Republican majority to its 
operations, and the Democratic minority as well, so long as it 
was a minority. 

A real test of the efficacy of the system could come only with 
a change in the relative attitude of political parties. Such a 



22a CIVIL SERVICE REFORM. 

change came about on March 4, 1885, with the inauguration of 
President Cleveland. The distinctive friends of Civil Service 
Reform were not daunted by this change, for they had given 
their support to Mr. Cleveland as against Mr. Blaine. They 
found in the Democratic national platform of 1884 almost as 
strong a commitment to a civil service policy as in the Republi- 
can national platform. They had seen Mr. Cleveland take high 
ground in favor of such a policy during his term as Governor of 
New York State. They had drawn from him an explicit letter, 
which they looked upon as his personal platform, in which he 
emphatically repudiated the Democratic traditions respecting 
office-holding, and substituted for the offensive Jacksonian doc- 
trine, " To the victors belong the spoils," the more modern, purer 
and safer principle, " Public office is a public trust " to be ad- 
ministered solely for the benefit of the cestui que trusts— the 
people. But while they had no misgivings as to the success of 
the system even under the severe strain it was about to feel, the 
politicians of every school, and students of political philosophy 
as well, looked anxiously upon the situation, some with the hope 
that a system so full of promise might have a fair trial at the 
hands of the triumphant party ; others, and perhaps a large ma- 
jority, with the sincere wish that it might suffer total wreck on 
partisan shoals. The temptation to an incoming party, especially 
after it had been for a long time in the minorit)^, to operate, per- 
vert or destroy the system sufficiently to enable it to secure at 
least a fair share of the public patronage affected by it would be 
very great indeed. Could it withstand the temptation ? This 
was hardly to be expected, notwithstanding the platform pledge 
and the bold position assumed by the President, for the truth 
had gradually worked its way to the surface that while Civil 
Service Reform as a theory was very sublimated and beautiful— 
a something before which parties could afford to take off their 
hats and bow respectfully — it had not indoctrinated the rank and 
file so as to make them seriously thoughtful about either its per- 
manent existence or unpartisan operation ; and as to a certain 
class of political leaders it was a stumbling-block and positive 
offence. 



CIVIL SERVICE REFORM. 23a 

But how could the civil service system, yet youthful, crude 
and little understood, be turned to the account of the dominant 
party without doing violence to its plainest provisions ? It was 
soon perceived that it was a system all of whose positive provi- 
sions related to appointments to office. None of it related to 
removals from office, except upon sufficient cause. The head of 
a Department might not appoint a clerk except upon open ex- 
amination by the Examining Board and sufficient qualification 
established thereby, but he might remove every official under 
him if he could allege cause. The cause contemplated by the 
act was such as inattention, inefficiency, immorality, etc.; inquiry 
into political or religious beliefs of an applicant or incumbent being 
prohibited. But by enlarging the old time doctrine that a party 
could not carry on the government in a way to suit the majority 
so long as it was hampered by retainers of opposite politics, it 
was easy to invent a cause for removal which should have some 
show of plausibility, even if it did not answer as a complete ex- 
cuse. Therefore to causes of a mental, moral or physical char- 
acter was added that of partisanship. But as partisanship in its 
general sense meant no more than the harmless exercise of such 
a belief as the law prohibited inquiry about, it had to be quali- 
fied by the word '' offensive!' 

" Offensive partisanship," therefore, would become the key to 
unlock the civil service enigma. In the hands of the head of a 
Department it would prove a besom with which a clean sweep 
could be made, if such seemed desirable. Other devices could 
be joined with it, such as the lowering of salaries so as to create 
grades of officials outside of the civil service rules. Mr. Cleve- 
land changed the political complexion of the Commission by 
making it Democratic, and by the appointment of at least one 
Commissioner who was hostile to the law and the system. In 
other respects he stood up firmly, though all too briefly, for his 
personal and party pledges to the Civil Service Reformers and 
the people, but it was evident to all political observers that in 
spite of him there was a fierce party surge bacKward toward the 
"spoils system," and one which would either carry him along 
with it or leave him behind in high and dry party alienation. 



^4a CIVIL SERVICE REFORM. 

So all things worked toward a quiet, gradual, but none the less 
sure, avoidance of the civil service intent. The law was not vio- 
lated in a way to provoke bitter criticism, but instead of proving 
a buttress, as its framers supposed, it turned out to be only a 
gilded superstructure held up by wide-apart pillars between 
which ingenious politicians might drive and turn a coach and 
four without fear of collision and break-down. Any summing 
up of the situation at the end of the third or fourth year after the 
political revolution of 1885 would show an aggregate of results 
different in nothing from the " good old times," when it was 
deemed a party right to smite an opponent *' hip and thigh" and 
a party virtue to prefer a friend, however common-place, to an 
enemy, be he ever so capable. By 1888 fully 50 per cent, of the 
places within the Civil Service act had witnessed removal and 
appointment for considerations other than those specified in the 
act ; and the friends of the system may well wonder that this per 
cent, was so small, when the drift, as to removals and appoint- 
ments in general, was so pronounced as to make the following 
figures possible : 2,000 Presidential postmasters removed out of 
2,379; 40,000 fourth-class postmasters removed out of 52,609; 
32 foreign ministers out of 33 ; 100 collectors of customs out of 
III; 32 surveyors of customs out of 32 ; 34 appraisers out of 36; 
84 collectors of internal revenue out of 85 ; 65 district attorneys 
out of 70 ; 22 Territorial judges out of 30 ; 16 pension agents out 
of 18 ; 16 surveyor-generals out of 16; 190 land officers out of 
224; 51 Indian agents out of 59; 79 special agents out of 83. 

With these facts in his possession the reader can readily make 
up his own mind as to whether the underlying principles of Civil 
Service Reform are more securely established to-day than five 
years ago when, after twenty years of agitation, they were first 
incorporated into statute law. 




POLYGAMY. 

OLYGAMY presents an intricate problem. There is 
almost a solid moral and political sentiment against it, 
but the problem is of such a nature as to escape this 
and still avoid solution. The truth is there is yet a 
great deal to be learned about it. After one dwells upon 
it long enough to begin to see that it has ingenious, if not plau- 
sible, religious support, his wits are taxed to the uttermost to 
know whether a direct and heroic remedy is easy or possible. 
It is or is not polygamy ; that is, it is or is not a crime amenable 
to law and removable by statute, just as it is or is not an 
essential part of a religion — Mormonism. The moment it 
chooses to sit under the panoply of Mormonism, or use it for an 
aegis, it boldly claims the exemption from interference accorded 
to other religions under Article I. of the Amendments to 
the Constitution, " Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exercise 
thereof" 

HISTORY OF MORMONISM.— According to Mormon 
belief, the Lord appeared to Joseph Smith, then fourteen, at 
Manchester, New York, in 1820. Seven years later an angel 
delivered to him certain metal plates on which were engraved in 
Egyptian characters the Book of Mormon. Two transparent 
stones were with the plates, by whose help Smith translated the 
characters into English. The book professed to be an inspired 
record of God's dealings with the ancient inhabitants of America. 
Its style is that of the Old Testament Chronicles. In 1829, John 
the Baptist, and, shortly after, Peter, James and John appeared to 
Smith and a follower, Oliver Cawdrey, and consecrated them to 
the priesthoods of Aaron and Melchizedek. The church was 

25a 



26a POLYGAMY. 

first organized at Seneca, N. Y., 1830. The next year the church 
was removed to Missouri. They called themselves Latter-Day 
Saints. Driven from place to place in Missouri, they were 
finally expelled fi-om the State in 1838, and took refuge in 
Illinois, where they founded the town of Commerce. Here 
also they were the frequent victims of mob violence, and their 
town of Nauvoo was raided, resulting in the killing of Smith 
and his brother. Brigham Young, Smith's successor as Prophet, 
resolved to lead the community, which all the while throve amid 
persecution, into a new Canaan west of the great desert and in 
the recesses of the Rocky Mountains. In 1846 the Mormon 
migrants were at Council Bluff, where in compliance with a call 
of the Federal government they sent a battalion of 500 men to 
the Mexican war. In the spring of 1847, Young with 143 
converts started for the new Canaan, to be followed later by a 
train of 700 wagons and the main body of pioneers. The 
journey of 1,000 miles, through a country as little known and 
as hostile as the Arabian desert was to the Jews under Moses, 
was made with success. They pitched their camp at the mouth 
of the canon where Salt Lake City now stands. The new 
Canaan was anything but a land of promise. Lieutenant Sher- 
man with a band of surveyors nearly perished on the shores of 
Salt Lake in 1850 for want of water. The Latter Day Saints 
were, in their imagination, the Israelites of old. They had fled 
from Egyptian persecution, crossed a trackless desert, met with 
miraculous preservations. In their Canaan, to the south, was 
Lake Utah, their Sea of Galilee. Flowing north was their Jor- 
dan, which emptied into the Great Salt Lake, their Dead Sea. 
The site selected for their new Zion was Jerusalem surrounded 
by mountains. The Indians were Philistines. They were hardy, 
industrious, frugal and enthusiastic. Cut off from outward food 
supply, they planted for themselves and fed rather than fought 
the Indians. They built, redeemed the soil by irrigation, and 
throve. 

By 1857 they were a little independent State, though within a 
Territory organized as early as 1850. False knowledge of the 
situation drew the ire of the Federal government. An army 



POLYGAMY. 27a 

was sent out to crush them or compel allegiance to the central 
sovereignty. This monumental junketing tour was a farce. 
The Mormons were not the enemies they were supposed to be. 
The troops found nobody to fight. The money, arms and pro- 
visions they introduced helped to advance the struggling 
colony. Their coming was regarded by the Mormons as a 
providence. 

The opening of the Union Pacific Railway in 1870 connected 
Utah with the outside world. Since then the Mormon country 
has rapidly developed. Brigham Young died in 1877, and the 
community lost the prophet, priest and president under whose 
rule Salt Lake Valley had been transformed from a desolate, 
uninhabited wilderness to a richly cultivated and fertile land, 
the home of a prosperous, contented people numbering over 
100,000 souls. 

THEIR CONDITION.— In settling the question of polyg- 
amy or even in entertaining opinion respecting it, care must be 
taken to disabuse our minds of the thought that Mormons are 
outcasts or heathens. The census shows that they have long 
since reached the respectability which numbers give. Utah has 
more people than any other Territory, more than Nevada, and 
as many as Delaware. Mormon colonies exist in Arizona, New 
Mexico, Idaho and Colorado. Their capital is the finest town 
of its size in the West. It is literally embowered in gardens and 
orchards, and streams of flowing water refresh its streets. Their 
villages and farm-houses are models of neatness and beauty. 
They have built 10,000 miles of irrigating canals, and turned 
every mountain stream to the account of agriculture. They built 
400 miles of the Union Pacific Railway, and 600 miles of the first 
transcontinental telegraph line, besides 500 miles of local rail- 
road and 1,500 miles of telegraph. They have extensive manu- 
factures. They mine largely, and cultivate fruits and the cereals 
with success. Their farms are small and the price of improved 
land high. They have a good school system, and over 400 
schools, with an average daily attendance of 44 per cent, of the 
school population. The per cent, of illiterates is lower than that 
for the United States at large. They have a university, a female 
seminary and a normal school. 



28a POLYGAMY. 

It is universally admitted by the Gentile population of Salt 
Lake City that the Mormon people are honest, straightforward 
and faithful to business contracts. They are temperate beyond 
any Christian people, temperance in some instances being carried 
to abstinence from alcohol, tobacco and tea. Under a pure 
Mormon regime drinking saloons and other places of vice were 
prohibited. Not a dozen of the 200 saloons now in Utah are 
kept by professing Mormons, and these are held in disgrace. 
Of the population of Salt Lake City 75 per cent, is Mormon 
and 25 per cent. non-Mormon, yet the arrests in 1881 were: 

Mormons. Non-Mormons. 

Men and boys 163 Men and boys . 657 

Women 6 Women 194 

Totals 169 85? 

A census of the prisoners in the winter of 1 88 1 showed in the 
city prison twenty-nine convicts, and in the county prison six, 
all non-Mormon. Out of fifty-one in the penitentiary, only five 
were Mormons, and two of these were there for polygamy, and 
of 125 in the lock-ups only eleven were Mormons, some for 
polygamy. Says a Mormon publication in 1878: " Oaths, im- 
precations, blasphemies, invectives, expletives, blackguardism, 
were not heard in Utah till after the advent of the anti-Mormon 
element, nor till then did we have litigation, drunkenness, har- 
lotry, political and judicial deviltries, gambling and kindred 
enormities." Among the Mormons all are equal. From the 
President down it is the duty of every man to work for a living. 
This was the Puritan idea, and this Captain Smith enjoined on the 
Virginia colonists by his edict, '' he that does not work may not 
eat." Outside of their religion, therefore, the Mormon Com- 
munity is a pious and socialistic organization, if by Socialism in 
practical form is meant a community where each may enjoy the 
benefit of labor and each labor to live, where the weak are not 
trampled upon, and the unfortunate in the battle of life are 
cared for by the community. In all the respects spoken of they 
resemble a dozen other communities toward which greater toler- 
ance exists, though not a whit more moral nor less peculiar. 

THE MORMON CREED.— \N'\t\i the exception of polygamy 



POLYGAMY. 29a 

the Mormon doctrines closely resemble those of other Chris- 
tians. They rest their claims for non-interference and protection 
on the fact that theirs is not only a religion, but a truly Chris- 
tian religion. Their Church is the " Church of Jesus Christ of 
Latter-Day Saints." Its leading articles are : 

" We believe in God the Eternal Father, and in his Son Jesus Christ, and in the 
Holy Ghost. 

" We believe that men will be punished for their own sins, and not for Adam's 
transgression. 

" We believe that through the atonement of Christ all mankind may be saved by 
obedience to the laws and ordinances of the Gospel. 

" We believe that these ordinances are: First, Faith in the Lord Jesus Christ; 
Second, Repentance; Third, Baptism by immersion for the remission of sins; 
Fourth, Laying on of hands for the gift of the Holy Ghost. 

" We believe that a man must be called of God by prophecy, and by laying on 
of hands by those who are in authority, to preach the gospel and administer the 
ordinances thereof. 

"We believe in the same organization that existed in the primitive church, viz., 
apostles, prophets, pastors, teachers, evangelists, etc. 

" We believe in the gift of tongues, prophecy, revelation, visions, healing, inter- 
pretation of tongues, etc. 

" We believe the Bible to be the Word of God, as far as it istr. nslated correctly; 
we also believe the Book of Mormon to be the Word of God. 

" We believe all that God has revealed, all that He does now reveal, and that He 
will yet reveal many great and important things pertaining to the kingdom of God. • 

" We believe in the literal gathering of Israel and in the restoration of the Ten 
Tribes ; that Zion will be built upon this continent ; that Christ will reign person- 
ally upon the earth, and that the earth will, be renewed and receive its paradisiac 
glory. 

" We claim the privilege of worshipping Almighty God according to the dictates 
of our conscience, and allow all men the same privilege, let them worship how, 
where or what they may. 

*' We believe in being subject to kings, presidents, rulers and magistrates, in 
obeying, honoring and sustaining the law, 

" We believe in being honest, true, chaste, benevolent, virtuous, and in doing 
good to all men ; indeed, we may say we follow the admonitions of Paul : We be- 
lieve all things, we hope for all things; we have endured many things, and hope to 
be able to endure all things. If there is anything virtuous, lovely, or of good 
report, or praiseworthy, we seek after these things." 

Respecting polygamy the Mormon Confession of Faith merely 
declares : " That marriage, whether monogamic or polygamic, is 
honorable in all, when such marriage is contracted and carried 
out in accordance with the law of God." 



30a POLYGAMY. 

The Church admits the freedom of individual action. There 
is no compulsion beyond public opinion. Apostacy is not a 
crime, nor is it attended with proscription. Members pay tithe 
as among the Hebrews, and afterwards a tenth of their increase 
for the advancement of God's work. The tithes are devoted to 
the relief of the poor and needy, the building of the Temple, 
and the conversion and transportation of immigrants. The offi- 
cials are the first presidency, with three members ; second, the 
twelve apostles ; third, the councils of seventy ; of elders, com- 
posed of ninety-six members ; of priests, forty-eight ; of teachers, 
twenty-four ; of deacons, twelve. The first presidency and the 
twelve apostles rule the whole Church. The Territory is divided 
into twenty-two " Stakes of Zion," each having its council of 
seventy, of elders, priests, teachers and deacons. All are elected 
annually. Missionaries are sent to all quarters of the globe. A 
missionary goes without salary or travelling expenses. If with- 
out means of his own, he must support himself and work his 
way in his field during his mission, which covers from one to 
two years. From 2,000 to 3,000 Mormon immigrants arrive in 
Utah annually, as the result of missionary solicitation. They 
come from all the countries of Europe, but latterly largely from 
Germany and Sweden and Norway. The Central Church is the 
Tabernacle at Salt Lake City, a monument of engineering skill 
and choice workmanship, 250 feet long by 150 wide. Near it is 
the Temple, which has been under process of erection for thirty 
years, and will take four more for completion. It is of hewn 
stone, unpretentious in design, and is destined to be a per- 
manent reminder of what is deemed an imperishable faith. As 
a church organization Mormonism is closely and adroitly ce^ 
mented. It is calculated to gather and hold with a vigor by no 
means common, especially in a field so isolated as Utah, or 
wherever the enthusiasm of religion assumes, as a matter of 
necessity it may be, to make partnership with the social and 
business sides of life. It is organization all through, and religion 
all through, from the least to the highest interest. As a force, 
it has fervor and coherency. It is questionable whether any 
other organization could have made the same conquests over 



POLYGAMY. Sla 

rugged and forbidding nature in the same time, or could have 
maintained so steady a front amid apparently insurmountable 
obstacles. 

POLYGAMY PROPER.— This was not an original Mormon 
practice, though the creed, as we have seen, does not prohibit it. 
Reverence for the Bible and respect for its exact letter led to its 
sanction theoretically. Circumstances led to its general adop- 
tion. The drafting of 500 men from the converts on their way 
to Utah, thereby leaving the women in a majority, or without 
legal protectors, may have suggested the propriety of its actual 
practice. The necessity for a more rapid propagation of the 
species than the monogamic marriage afforded, and the desira- 
bility of patriarchal families in the new Canaan, may have 
hastened the growth of the practice. Once fully embraced, it is 
easy to see that it must be defended as a duty, for it concerned 
the social weal and all domestic happiness and comfort. They 
therefore pointed to the Old Testament examples. They asked 
what was meant by the great excess of females in the Eastern 
States and in all full and ripe communities. They declared it 
to be a natural remedy for the evils of prostitution, and a cure 
for marital infidelity. They dropped the term polygamy as 
offensive, and dignified the estate as one of " plural marriage," 
a contract for earth and sky, time and eternity. They threw 
around this plural and celestial marriage all the solemnity of 
monogamic ceremony, and lest its practice should become un- 
worthy or dangerous, they limited the privilege of undertaking 
it to the virtuous, honest and upright, whom the bishop and the 
president of the stake should certify as worthy. They gave it a 
paradisiac glamor like the Mohammedans, and as one well-edu- 
cated Mormon was heard to say, " You cannot take your money, 
your railway or mining stocks into the next world with you ; 
but our marriage is not only for life but for eternity, and we 
shall have our wives and our children with us, and so make a 
good start in the world to come." 

If the vows of plural marriage are as sacredly taken as those 
of monogamic marriage, and as sacredly observed, both of which 
Mormons declare them to be, there is a possibility that, in their 



32a POLYGAMY. 

hands and under their practices, it is less objectionable than the 
polygamous estate of the ancient Jews or that of modern Mo- 
hammedanism. It is certainly true that they regard adultery, 
fornication and bigamy as among the abominable evils, and visit 
on any member known to be guilty of them the penalty of ex- 
communication; that is, he is cut off from the communion of 
the saints and all fellowship in the Church. President Taylor 
boldly asserts " that there is not to-day a more virtuous com- 
munity in the world, or one where female chastity is more 
highly regarded or more vigorously protected." 

Mormons take great pains to controvert the popular notion 
that the plural or polygamous marriage is illegal. They say 
the Constitution does not touch the subject, but leaves all matters 
relating to marriage to the people of the States. They do not 
admit the right of Congress to regulate these matters in the 
Territories, but claim that they are of purely local concernment, 
and of right belong to the Territorial Legislative Assemblies ; 
and in this connection they point to the organic act of Utah, 
" That the legislative power of said Territory shall extend to all 
rightful subjects of legislation consistent with the Constitution 
of the United States and the provisions of this act." Resting 
on this they further claim that Congress, acting according to the 
genius of our institutions, cannot interfere with matters in the 
Territories, which in the States are left to the States, and that it 
should not pass a law for a Territory which a State Legislature 
cannot pass for its State. When Congress vindicates itself for 
attempting to regulate social affairs in the Territories by point- 
ing to British interference in India for the suppression of the 
suttee (widow burning), the Mormons answer that such inter- 
ference was justified because the suttee brought about destruc- 
tion of life. But they say polygamy means the propagation and 
perpetuation of the human species under the same solemn forms 
as monogamy, and they turn the argument on their opponents 
by showing that Great Britain not only tolerates, but has legis- 
lated to protect in her Indian institutions, upwards of 240,000,000 
polygamous subjects. 

Mormons are equally sensitive about the error of confounding 



POLYGAMV. 33a 

bigamy with plural marriage. They, In common with all per- 
sons, look upon bigamy as a grievous crime, whose essence is 
fraud of the very worst type — first vows broken, first wife de- 
serted, second vows falsified, second wife betrayed, officiating 
officers deceived. In plural marriage there is no such flagrant 
deception. All the parties know it to be a doctrine of the 
Church, and all accept the obligations with that understanding. 
First, second, third and all subsequent wives, together with all 
interested in the arrangement, are acquainted with previous and 
existing facts, have a full conception of the nature of the estate, 
and supposably believe in its religious rectitude, its social and 
domestic advantages, its inducements in this and the next world. 
The obligations of the man extend to all his wives alike, and to 
all his children. He is expected to meet them all. That he 
does do so may not be fully proved by the absence of waifs and 
strays in a strictly Mormon community, nor any more by 
absence of a stream of children gravitating unerringly toward the 
poor house — Mormons have no such institution — but wherein 
he fails, the Church or system comes to his relief with its en- 
dowed charities, administered through bishops and various soci- 
eties. 

The legal status of husband and wife under the plural mar- 
riage is thus set forth by Geo. Q. Cannon, formerly Delegate to 
Congress from Utah : " There is an impression among the unin- 
formed that the man who enters into patriarchal marriage in 
Utah has but little, if any, responsibility connected with it ; that 
upon his partners rest all the burdens and unpleasant features 
of the relationship ; that they, in becoming his wives, become 
the creatures of his will, and that, therefore, their civil rights 
are interfered with. This view is wholly incorrect. It is the 
women, under the system of patriarchal marriage, who have 
liberty and not the men. When once marriage has taken place 
between the parties, be the woman ever so poor or friendless, 
ever so much an unprotected stranger in the land, the man who 
knows her takes upon him a life-long obligation to care for 
her and the fruit of the union. For a man to seek for a divorce 

is almost unheard of: the liberty upon this point rests with the 
36 



34a POLYGAMY. 

woman ; and as regards a separation, if her position should 
become irksome, or distasteful to her even, and she should de- 
sire a separation, not only is the man bound to respect the ex- 
pressal of her wish to that effect, but he is bound also to give 
her and her offspring a proportionate share of his whole property. 
They are no longer under his yoke ; but while he and they live, 
they have a claim upon him from which he is never completely 
absolved." 

Again, Mormons are touched with the charge, inherent in 
much of the Congressional action respecting them, to the effect 
that they are not competent to manage the local affairs of their 
Territory in a proper way. They claim that they are honorable, 
peaceful, industrious, intelligent and religious citizens of the 
United States, and as such entitled to the rights and privileges 
accorded to the same class of citizens elsewhere. They repudiate 
all thought of hostility to our institutions, or of an attempt to 
establish a hierarchy unrepublican in spirit and inimical to the 
central government. They point with much pride to the charac- 
ter of their Territorial legislation and invite a comparison of it 
with that of other Territories, or even States. And when such 
legislation is impartially examined much will be found in it that 
is commendable. There is no Territorial debt, and the tax rates 
are low. In 1882 Utah petitioned Congress for admission into 
the Union as a State. The Constitution, agreed upon in a nine 
days'* Convention of seventy-two delegates, was liberal on all 
political, social and religious questions, and might safely be taken 
as a model by any of the Territories. It provided that the right 
to worship God according to the dictates of conscience should 
never be infringed ; that no interference with . liberty of con- 
science should be permitted ; that no religious test or prop- 
erty qualification should be required for any office of public 
trust, or vote at any election, and that no person should be in- 
competent to testify on account of religious belief; that every 
citizen of the age of twenty-one should be entitled to vote at 
State elections ; that women were citizens and might not only 
vote but hold elective offices, being disqualified only as judges, 
jurors and members of the executive department. Liberal as 



POLYGAMY. 35^ 

all this was, Congress refused the application, though the vote 
of the Territory on the Constitution was well-nigh unanimous, 
being 27,814 for, to 498 against. 

What has thus far been said of the peculiar institution of 
Mormonism and of that blot upon it known as polygamy, will, 
it is hoped, serve to give the reader an idea of it when viewed in 
its most favorable light. The data used has been drawn largely 
from Mormon sources, or from writers adjudged to be without 
prejudices and impartial. The object in thus presenting it is to 
avoid the charge often made by Mormons, and too often with 
truth, that there is a disposition abroad among anti-Mormons to 
misrepresent them. There is nothing gained by this. No so- 
lution of the serious problem of polygamy can prove satisfactory 
that proceeds on false information or false premise. Nor can 
the government do justice to itself or to that overwhelming 
monogamic and Christian sentiment of the country, if in dealing 
with what is deemed the odious or criminal side of a religious 
institution it indiscriminately and cruelly crushes all its possi- 
bilities of doing good. 

CONGRESSIONAL LEGISLATION— ThQ first anti-Po- 
lygamy law was passed in 1862. It simply disfranchised those 
who had contracted plural or bigamous marriages. It was of 
no practical use. Only a small per cent, of Mormons were, and 
are, in the polygamic estate. The next important measure was 
the " Poland Polygamy Bill," which passed the Forty-third 
Congress, First Session, 1874. It created a District Court for 
the Territory, and in addition to the disqualifications of the 
former acts, excluded polygamous persons from the jury box 
when bigamy cases were being tried. Like all other acts thus 
far it failed to have any perceptible good effect. Meanwhile 
public sentiment became more urgent. Polygamy was de- 
nounced in many of the political platforms. In 1882 the cele- 
brated Edmunds Act was passed. It was by far the most radical 
step the Government had yet taken. It defined polygamy and 
provided for its punishment. It laid down a code of criminal 
procedure applicable to the trial of polygamous cases. It took 
away the elective franchise from polygamists, male and female. 



36a rOLYGAMY. 

It provided a commission of five persons, appointive by the 
President and Senate, to enforce the provisions of the act. It 
was thought to be a well-digested and effective act. In its 
practical application it has fallen as short as the others, though 
it has served better than all others to show the country the 
intricacies and true inwardness of the Mormon problem. Its 
constitutionality is now being contested before the Supreme 
Court. The Commission under it succeeded in disfranchising 
some 16,000 polygamic electors, male and female, but the 
monogamic Mormons still constitute an overwhelming majority 
of the voters, and control Utah public sentiment as much as 
ever. 

Other bills have been conceived, and are now pending, look- 
ing to a still more heroic treatment of the situation. But many 
of our best statesmen despair of this species of legislative 
remedy. It is not, thus far, apparent that the true seat of the 
cancer has been reached. Mormonism is not seemingly dis- 
couraged. On the contrary it is, if anything, more ingenious 
and defiant than ever. It is, in all probability, not unlike other 
religions, and especially those of a fanatical type, which court 
rather than dread persecution, and thrive rather than die under 
it. Taking the views of President Arthur as a criterion, some 
more direct and far-reaching remedy must be devised. All 
previous surgery has been too tame— nothing more than 
coquetry with a grave situation. He said in his last message, 
December, 1883, "I am convinced that polygamy has become 
so strongly entrenched in the Territory of Utah that it is profit- 
less to attack it with any but the stoutest weapons which Consti- 
tutional legislation can fashion. I favor therefore the repeal of 
the act upon which the present government of the Territory 
depends, the assumption by the National Legislature of the 
entire political control of the Territory, and the establishment of 
a commission with such powers and duties as shall be delegated 
to it by law." 

SENTIMENT. — It is likely that this conviction and these 
recommendations of the President are the beginning of a new 
order of thought and action respecting polygamy. They cer- 



POLYGAMY. S7a 

talnly reflect the ideas of a large and respectable class, who are 
thoroughly tired of piecemeal attack upon an institution which 
they regard as opposed to the spirit of the age and dangerous 
to morality and religion. The merit of the plan would consist 
in its attempt to undermine the genius of the institution. This 
was partly the merit of the Edmunds law, whose central thought 
was to prefer Mormon monogamists, in matters of office and 
administration, to Mormon polygamists, well knowing that a 
majority were monogamists. But this preference for mono- 
gamists did not disparage polygamists at all. On the contrary 
they were prouder of the fact that they " lived their religion " 
amid disqualification. Moreover the discrimination had a 
horrible color, for one must ever fail to see how a monogamic 
Mormon who upholds, defends and supports an institution 
that outrages virtue and the law is any better, or as good, 
as the man who, professing a belief, is consistent enough to 
practice it. 

As against this heroic method of treatment Mormonism urges 

(1) That it would be the destruction of republican liberty in Utah. 

(2) That the destruction of the local Territorial government 
would not affect the institution of polygamy, which even now is 
not recognized by Territorial laws, nor yet by the civil law, but 
which exists ecclesiastically, perpetually and eternally, as part 
of a faith, and with the sanction of the Almighty who established 
it for the benefit of his people and the fulness of his glory. (3) 
That the government cannot so interfere with the local affairs of 
a Territory. 

The first two objections are argumentative, the last legal. 
And as to the last the Constitution says, " Congress shall have 
power to dispose of and make all needful rules and regulations 
respecting the Territory or other property belonging to the 
United States." The Supreme Court has said, i Peters, 511: 
" In legislating for them (Territories) Congress exercises the 
combined powers of the general and of a State government." 
Again, 11 Otto, 129: "The Territories are but political sub- 
divisions of the outlying dominion of the United States. Their 
relation to the general government is much the same as that 



38a POLYGAMY. 

which counties bear to the respective States, and Congress may 
legislate for them as a State does for its municipal organizations. 
The organic law of a Territory takes the place of a Constitution 
as the fundamental law of local* government." And again, i8 
Watt, 317 : "The government of the Territories of the United 
States belongs primarily to Congress, and secondarily to such 
agencies as Congress may establish for the purpose. During 
the term of their pupilage as Territories, they are mere depend- 
encies of the United States. Their people do not constitute a 
sovereign power. All political authority exercised therein is 
derived from the general government. Strictly speaking there 
is no sovereignty in a Territory but that of the United States 
itself. Crimes committed therein are committed against the 
government and dignity of the United States." 

It would appear therefore that the power of the general gov- 
ernment to deal with polygamy or any other question in the 
Territories is ample. It is only its methods that have been 
faulty. The method proposed by the President seems like a 
last resort; or, at least, one which involves the experience 
derived from the failure of all former methods. Some minds 
favor the application of direct force. This would be brutal in 
the extreme, and unworthy the age. Mormons are numerous, 
and fixed. They are not hostile, except as their institution on 
its polygamic side is not in keeping with the spirit of the time 
and law of the realm. The century cannot afford to repeat, in 
enlightened America, either the banishment of the Moors from 
Spain, or the massacre of the Huguenots in France. Another set 
of minds, among which is Mr. Beecher's, favor letting the Mor- 
mons alone, and sending teachers and preachers to establish 
schools and churches in their midst. They argue that if it is 
possible to convert the people of Asia and Africa, it is surely 
possible to help Utah by gospel influences. These forget the 
fact that Utah is already in possession of as good schools as 
there are in the country, and that there already exist there 
Episcopal, Catholic, Baptist, Congregational, Presbyterian, 
and possibly other churches ; but that the latter are dwarfed by 
the dominant faith, and converts are less frequent from than to 



POLYGAMY. Sda 

Mormonism ; and that the former are prosperous only as they 
suit the genius of the people who support them. Joaquin 
Miller, who has given much study to the problem, is of the 
opinion that education will finally eradicate both polygamy and 
Mormonism, but that the Federal government must take the 
system of schools into its own hands, and must at the expense 
of much time and money make it the most enlightened spot 
in the country. Then and then only will the institution wane 
and perish. 

Mr. Barclay, a member of the English Parliament, who made 
a visit to Utah recently, for the purpose of investigating Mormon 
institutions, thinks it is quite unnecessary to get angry over 
polygamy, or to take any doubtful constitutional measures for 
its suppression. He regards its establishment as due to excep- 
tional circumstances, which have long since passed away, and 
whose results will be gradually overcome by the contact of Utah 
with the outer world. He further says, that woman's nature is 
not different there from what it is in other parts of the world, and 
that with the ballot in her hands, she will speedily settle the 
question of polygamy, in which she is more largely concerned 
than the opposite sex, if it should appear to her that it deprives 
her sex of any of its rights, and especially the exclusive right to 
a husband. 

The (1884) Governor of Utah, E. H. Murray, regards the 
entire government of Utah, organized under the act of 1850, 
which created the Territory, as an unlawful government, because 
it is not republican in spirit, but a mixed religious and political 
institution, designed to perpetuate a hierarchy. He charges that 
the Mormons have ingeniously used the republican forms of 
government given them under the organic act, and the political 
rights therein assured, for the purpose of building and perpetuat- 
ing their objectionable faith and protecting their obnoxious prac- 
tices, and that in this respect they themselves are violators of 
the Constitution and the laws of Congress, none of which sanc- 
tion special religions, or can be turned directly to their account. 
If this view be correct, and he supports it with much convincing 
argument, it is easy to perceive why all efforts to uproot Mor- 



40a POLYGAMY. 

monism or banish polygamy by penal or prohibitory legislation 
have failed, and why they must prove abortive in the future. 
They do not touch the genius of the institution, are not down to 
its tap-roots. Moreover, if the whole political organization of 
the Territory is thus infected with the religion, exists only to 
perpetuate it and its practices, is unrepublican in spirit and fact, 
and therefore inimical to our institutions, not actively but se- 
cretly, it is difficult to conceive of a remedy short of the heroic 
one proposed by the President, unless, forsooth, we cease entirely 
to make polygamy and the peculiar religion which supports it a 
prominent question, and give it over for solution to the agency 
of time and circumstance. 

A concluding thought is, that the charge made by the Mor- 
mons that all this Congressional interference springs from an 
unholy desire to get the Territorial offices and patronage for 
Federal appointees, as well as the combined Gentile and Mormon 
charge that the failure of remedial legislation is due to unworthy 
and inefficient agents appointed to carry it into effect, would be 
met by a withdrawal of the entire system of Territorial govern- 
ment, and the substitution of a new one to be framed and carried 
on under the auspices of an intelligent and impartial Commission 
until such time as the people themselves could give a guarantee 
that it would be conducted in a republican spirit and according 
to the statutes prohibiting polygamy and every class of crime. 

The amended Anti-Polygamy bill which passed the Senate 
during the first session of the Forty-ninth Congress (1886), and 
the House during the second session (1887), gave polygamy the 
severest blow ever administered by the Government. It made 
suffrage and many more essentials of citizenship depend on aban- 
donment of the institution by its adherents. Though the en- 
forcement of this law results in many cases of confirmed hard- 
ship, it bids fair to meet the designs of its framers in the respect 
that it draws the lines closely between the so-called ecclesiastical 
polity of the Mormons and their political sovereignty and makes 
all their valuable qualities of citizenship depend on the latter. 
Already its enforcement has brought about a spirit of compro- 
mise on the part of polygamous leaders, and it has (1&88) been 



POLYGAMY. 4.1 fi 

given out by a prominent official in the Mormon Church that it 
is deemed a wiser policy to renounce temporarily their offensive 
dogmas and practices in order the better to seek admission into 
the Union as a State. After this desirable privilege has been 
conferred they then claim the right as a sovereign State to regu- 
late their religious affairs in their own way. While this would 
be a shrewd way to avoid that control over Territories which the 
Federal Government has always exercised, it would only end in 
discomfiture, for surely the clause in the national Constitution 
prohibiting an established religion must, on the principle that 
the greater includes the less, prevent a State from setting up a 
distinctive church. 

The question of polygamy has a further peculiarity. Its ad- 
herents are not slow to make political promises and hold out 
political inducements. This they can do with much plausibility 
because their population and wealth are equal to the demands 
of vigorous statehood, but especially because they can play their 
promises off against the political conditions existing in other 
Territories anxious for admission. Thus if the admission of 
any other Territory as a State would be likely to enure to the 
political advantage of a political party, Utah claims that it would 
be easy for her to make such terms with the opposing party as 
would offset that advantage and prove highly beneficial to her- 
self That such a thing could be is a sad commentary on modern 
politics ; yet the situation is not unlike that of the olden time, 
when almost the sole condition for the admission of a State 
carved out of territory dedicated to freedom was the simultaneous 
admission of one within^whose area slavery could flourish. 




PROHIBITION. 

HAT IT IS. — Temperance in general is as old as morals. 
As restricted to intoxicating liquors, it has ever been a 
profound sentiment among wise and good men, which 
has found oft and eloquent expression. It runs through 
every grave philosophy, and is a part of every promi- 
nent religion. 

The sacred books of the Hindoo urge total abstinence from 
intoxicants. One of the Buddhist commandments reads : " Thou 
shalt not drink any intoxicating liquors." The Koran forbids 
the use of wines and liquors, and Mohammedans carry practical 
temperance further than any other people. Christianity incul- 
cates temperance, but in no dogmatic form, and quite too gen- 
erally to escape entirely the charge that Christian peoples are 
not essentially temperate. 

No truth is better established nor more universally accepted 
than that intemperance is an evil. There can be no successful 
denial of the fact that it injures mind and body, depraves the 
moral nature, conduces to crime. It is the pronounced enemy 
of the home establishment, introducing neglect, discord, estrange- 
ment, bankruptcy and want. It is equally the foe of society and 
the political state, degrading the one and brutalizing and endan- 
gering the other. 

Its evil extent is shown in the formidable figures of pauperism 
in this and other countries, four-fifths of which are credited directly 
to strong drink. It is similarly shown in the statistics of crime, 
a like proportion of which is attributed to drunkenness. While 
these figures are startling, they convey but a slim impression of 
the pernicious results of intemperance. Leaving out the annual 
expenditure for drink, which can only be measured by hundreds 
42a 



PROHIBITION. 43a 

of millions of dollars in this country alone, and which in its most 
favorable light is sheer waste, if not worse ; there are deeper 
seated, and therefore incomputable, results which men and women 
only witness inside of their homes and in the social circle, and 
which are secretly mourned as something worse than death 
itself 

So long as intemperance was regarded as simply a misfortune 
of the victim, as something over which he had, or ought to have, 
control, and for which he alone was individually responsible, it 
was treated as a question of pure morals. Society, relying on 
the aid of the church and on such other agencies as were at 
command for convincing men of their error, and establishing in 
them a control of their passions, rested her case on the argu- 
ment of moral suasion. The argument took many forms, was 
always earnestly pressed, and led to much practical good. It 
certainly elevated the plane of temperance sentiment, fortified 
individuals and communities against drink temptation, and threw 
into stronger contrast the viciousness of intemperance and the 
virtue of abstinence. To this end it is still effectually used. 

But there sprung up the advanced thought, possibly from the 
seeds of long experience, that the victim of intemperance was 
not the only party responsible for the vice, and that his reforma- 
tion, however gratifying personally or socially, was not reaching 
a cause which operated beyond him, and was dragging others 
down. In the new light thrown on the situation, it appeared 
that if temperance agencies were only to be used for the reforma- 
tion of the drunkard, they must have never-ending and hopeless 
employment, for the victim, being weakened in his moral sense, 
is to a certain extent beyond reach of those agencies ; or looking 
on him from a scientific standpoint, he has contracted a disease 
(dipsomania), and is a fitter subject for a doctor than a moral 
reformer. It further appeared that however high, wide, and 
pure the sentiment against drinking might be built by those 
agencies, it was being continually undermined by perpetual in- 
ducement to drink provided by the constant manufacture and 
general sale of liquors. 

Therefore, under the new thought, temperance got to mean 



44a PROHIBITION. 

vastly more than oratory, pleading and pledges. It left its 
prayerful, expostulating, persuasive abode in the domain of re- 
sults, and, passing over, took a high, inquiring, critical, threaten- 
ing seat in the midst of causes. It grouped the victim, vendor 
and manufacturer of liquors in a common category, and chose to 
see in them all combined the very power for evil it sought to 
smite. This power it would hold responsible as an entirety. 

But this was no longer old-fashioned, simple temperance. It 
was '^prohibition," and by this name it came to be known. Pro- 
hibition does not exclude temperance means and arguments. It 
still persuades and instructs, but in addition it invokes political 
aid, seeks to secure prohibitive laws through triumphant party 
agency. It is political temperance. 

Its direct advocates do not as yet embrace all temperance peo- 
ple, for prohibition was a virtual breaking of new ground. In a 
certain sense it was a bold, forward step in the face of many pre- 
judices, and squarely in front of a host of novel and difficult 
questions. It was a confession of lack of faith in the absolute 
efficacy of time-honored and purely moral cures for a great evil. 
It very naturally startled temperance advocates when it asked them 
to shake off ancient party affiliations, renounce political creeds, 
and join an organization whose cardinal tenet may have had the 
charm of novelty, but whose practicability remained to be proved. 
It sought political coherency for thoughts which former genera- 
tions had declined to associate with the ballot. It invoked the 
power of direct law against a manufacture which had all along 
been considered legitimate, and against an occupation which had 
ranked as an industry. It defied the odium of sumptuary enact- 
ments and interference with personal liberty, and claimed all 
legislative measures as justifiable which society needed and de- 
manded for its purification and preservation. It provoked con- 
stitutional objections and met them by the heroic remedy of con- 
stitutional amendments, in the name of peace, prosperity and 
morality. It ceased to regard the liquor problem, from the still 
to the almshouse or drunkard's grave, as one to be treated on 
the basis of an evil simply, but charged it up as a crime to be 
prevented, abated, or punished by vigorous statutes. 



PROHIBITION. 



45a 



Prohibition had thus much to contend with. But it began 
hopefully and worked energetically. Its voice in the beginning 
was smaller than that first heard against involuntary servitude. 
It lost ten years by the civil war and its after questions. It may 
have lost more time than this by early attempts to carry too 
many reforms at once. It has latterly unloaded its side issues, 
and taken a more central aim. Prohibition, to-day, is an un- 
qualified theme. 

Is there in it or about it that which so commends it to the 
judgment of men as to incline them to make it the basis of a 
great party ? If all issues were dropped except that of prohibi- 
tion, could it triumph on its political merits ? Can it ever so 
engage the popular mind as to overshadow all other party ques- 
tions ? If triumphant, could it permanently engraft prohibition 
on our political system ? Is it more to be relied on for effective 
temperance reform than the usual non-political agencies ? These 
questions must be asked, and prohibition must answer. Upon 
the answer hangs its future success. It ought to be encouraged 
by the growing frequency of the questions, and further by the 
fact that, whether they are asked or answered, there is deep 
down in the bosom of the masses a sentiment not by any means 
averse to a fair test of the prohibitive idea. There is no telling 
at what moment this sentiment may respond to some timely and 
masterly touch, or break forth in answer to some clarion call. 
The recent (1883) movement in Ohio was in the nature of a 
revelation. Till then it seemed impossible to keep prohibition 
in sight while the two leading parties were angrily wrestling for 
mastery. It not only appeared everywhere in the midst of the 
din, but gathered cohorts of every political shade, and doubtless 
won at the polls. 

HISTORIC GROWTH.— AW the States tacitly regarded the 
sale of liquors as something outside of the usual line of occupa- 
tions. They therefore assumed to regulate the business, that is, 
keep it in trustworthy hands, for the safety of the citizen and 
society, by granting licenses to approved vendors. This check 
was for a long time regarded as sufficient, or, at least, as much 
of an interference on the paft of the State as the matter seemed 
to call for. 



46a PROHIBITION. 

The benefits of a license system were largely lost by failure to 
confer the privilege on responsible persons. It is no longer re- 
garded as an adequate check, or as a source of safety to indi- 
vidual or society. Latterly it has come to be viewed by pro- 
hibitionists as an unwarranted legalization of a criminal traffic 
by the very power whose duty it is to prevent crime. The 
license system and the usual temperance and church agencies 
were the restraints on intemperance, till say within fifty years. 

In 1823 Henry Ware in an address before the Massachusetts 
Society for the Suppression of Intemperance took the ground 
that no power can suppress the evil of intemperance short of the 
" Legislature of the nation." This is just where the more ad- 
vanced prohibitionists stand to-day. They regard State prohibi- 
tion as well enough in its way, but ineffective for lack of concur- 
rence among the States, and still so if the general government 
all the while permits manufacture, importation and transit of 
liquors. 

Other prominent temperance men, divines and associations 
reflected the above sentiment for many years. In 1837 the first 
effort was made to suppress the license laws of a State, in the 
Maine Legislature. They were denounced as " the support and 
life of the traffic," and a committee reported in favor of " the 
entire prohibition of all sale of liquors, except for medicine and 
the arts." The next year (1838) Massachusetts prohibited the 
sale of liquors in quantities less than fifteen gallons. In the 
same year a move was made in the legislatures of New York 
and Tennessee to abolish license. Connecticut did repeal her 
license laws and threw stronger guards around the traffic. 

LOCAL OPTION. — This agitation of the question set legis- 
lators to thinking. They were not sure of ground much beyond 
the old license system. Constituencies were divided. Some 
were pronouncedly in favor of change, others not. Out of re- 
spect for the popular voice, and in order to shove the responsi- 
bility on the voter, the idea of Local Option got to be largely 
entertained. From 1840 to 1 850 may be called the Local Option 
era of temperance. During that period quite a number of the 
States enacted that the people of any township, district or county 



PROHIBITION. 47(1 

might vote on the question of license or no license, and their 
decision should be the law till similarly revoked. 

This experiment was necessarily brief, though highly useful in 
an educational sense. It taught the folly of relying on laws 
passed for localities and with no machinery to enforce them ex- 
cept that of the State, which was just as likely to be indifferent 
or hostile as favorable. It taught, further, the futility of an ex- 
periment liable to be interfered with at each annual election, for 
local option was simply a convenience, hardly a substantial 
moral force backed by pronounced and enduring sentiment. 
Moreover, the localities to which it applied were small and their 
efforts were likely to be neutralized by the opposite action of 
surrounding townships and counties. 

DIRECT LAW. — In 1846 Maine enacted a law prohibiting 
traffic in intoxicants under penalties. It failed because the pen- 
alties were only fines, which were paid by vendors who con- 
tinued their business. In 185 1 General Neal Dow proposed the 
" Maine Law." It was passed, and imposed the penalty of fine 
and imprisonment on vendors, as well as authorized the seizure 
and destruction of liquors illegally held for sale. It was re- 
pealed in 1856 and license substituted, but was re-enacted in 
1858 with severer clauses. Its re-enactment was ratified by the 
people by over 20,000 majority. It was thus clinched by what 
all previous temperance laws lacked, viz., a pronounced popular 
sentiment. It has stood, in substance, ever since, subject of 
course to much criticism and to many violations, but by no 
means a disproof of the wisdom of political regulation of the 
traffic. 

Delaware followed Maine with a prohibitory law, in 1847, 
which was declared unconstitutional, but was re-enacted in 1855. 
Rhode Island passed a prohibitory law, in 1852, which was un- 
constitutional. It was amended in 1853 and stood till 1865, 
when it gave way to local option. This was supplanted by 
prohibition in 1874, which only lasted one year. 

The Vermont prohibitory law of 1852 still stands, though re- 
peatedly amended and elaborated till it is by all odds the most 
formidable code on the statute books of the State. 



48a 



PROHIBITION. 



Massachusetts moved for prohibition in 1852, but her law did 
not stand judicial test. A new law was passed in 1855, which 
gave way to a license system in 1868, but was restored in 1869 
in a milder form. This stood, with various modifications, till 
1875, when prohibition was overthrown by a license system. 

In Connecticut the prohibitory statute of 1854 was repealed 
in 1872. The New York law of 1855 was declared unconstitu- 
tional in 1856 and fell. The modified prohibition laws of New 
Hampshire, passed in 1855, remain. In 1859 Michigan intro- 
duced prohibition into her State Constitution, or rather an anti- 
license clause. She had previously (1853) ratified a prohibitory 
law, whose submission was declared unconstitutional by a di- 
vided bench. This law was re-enacted in 1855, and since then 
has been a constant source of worriment to political parties. It 
was finally repealed in 1875, and a tax law substituted. 

Indiana passed a prohibitory law in 1853, which was ratified 
by the people,, but pronounced unconstitutional. It was re- 
affirmed in 1855, but again fell under judicial displeasure. The 
Iowa law of 1855 was an anti-license measure. Prohibition has 
recently received fresh impetus in the State in the shape of a 
proposed Constitutional amendment and severer enactments 
against indiscriminate traffic in liquors, and the same may be 
said of Wisconsin. In Illinois the prohibitory law of 1855 
failed of approval by the people. Political temperance was active 
in nearly all the States up till the breaking out of the civil war. 
The sketch above given shows where and, to some extent, how 
it culminated in what may be called prohibition States. It will 
be observed that in all, or nearly all, of them it was forced to 
undergo judicial test, and that in many it failed. It will be ob- 
served further that in other States it was an exceedingly fluctuat- 
ing force, really barren of practical results. Only in Maine and 
Vermont has it been steady, and judgment respecting it ought 
to rest on a study of its work in these two States rather than on 
its ephemeral career or signal failure in others. Prohibitive zeal 
may have outstripped discretion in some instances and thus 
drawn judicial disfavor. In other cases it could scarcely hope 
to contend successfully or for any long time with organized 
party forces. 



PROHIBITION. 49^ 

There was now a break in the history of prohibition. War 
suspended its aggressive motion at a time when very few of the 
States were averse to fair experiment with it, when, it may be 
safely assumed, there was a strong current of sentiment against 
the old license or regulation system, and when the popular mind 
was in the midst of intelligent inquiry into all temperance pro- 
posals. 

The thread of its history was taken up again in 1865, and in 
a new shape. Political temperance till this time required the use 
of parties as they were found to exist. It forced situations so 
that one or another of the political organizations came to its 
rescue and helped it to what it demanded. Therefore a larger 
issue, like the war, or any overshadowing measure in a cam- 
paign, drove it into the background. Besides, parties did not 
take to it as a matter of conviction but of policy. They played 
fast and loose with it, used it as a means of discomfiting enemies 
and scoring successes. It therefore appeared useless to depend 
further on agencies so fickle and insincere. Moreover, these 
were only State or local efforts. The success. of any one did not 
assure general amelioration of the drinking evil. It must be at- 
tacked nationally if its very roots were to be cut. Again, it 
must be confronted with a party which could be relied upon — a 
party of its own. 

As impelling to this end the open opponents of prohibition 
had organized for their protection both in State and National As- 
sociations. The Beer Brewers' Association was formed in 1862. 
It mentioned among the dangers which threatened their interests : 
" The progress of the prohibition cause, through whose agency 
thirteen States had enacted the * Maine Law,' and more than a 
million voters had been pledged to its support." This was re- 
garded as carrying ** temperance into politics " by the very ele- 
ments which had all along deprecated such an aim. It was 
therefore accepted as a challenge. 

All along temperance had been using the agency of various 

societies, chief among which was the Good Templars. In 1868 

the Grand Lodge of this body moved for " the organization of a 

national political party whose principle should be prohibition gf 
37 



50a PROHIBITION. 

the manufacture, importation and sale of intoxicating liquors to 
be used as a beverage." This was very nearly reflected by the 
Sixth National Temperance Convention, at Cleveland, July 29, 
I S6S. The next year, during a session of the Grand Lodge of 
Good Templars, at Oswego, N. Y., a meeting of those favorable 
to independent political action was held which resulted in a call 
for a convention to organize a " National Prohibition Party." 

This convention met in Chicago, Sept. I, 1869, with five hun- 
dred delegates present from twenty different States. There was 
but little opposition to the thought that both, or all, the existing 
political parties could not be depended upon to foster prohib- 
ition ; that the only way to further care for it was to intrust it to 
a new and distinct party, and that the time was ripe for the for- 
mation of such party. Said the Chairman, Hon. James Black : 
" I see no party that is taking up this warfare, hence I am in 
Chicago to-day to help form this party of liberty and civiliza- 
tion." The resolutions adopted the name of the "National Pro- 
hibition Party," and declared *' that inasmuch as existing political 
parties either oppose or ignore this great and paramount ques- 
tion . . . . . we are driven by an imperative sense of 
duty to sever our connection with them and organize ourselves 
into a National Prohibition Party, having for its primary object 
the entire suppression of the traffic in intoxicating drinks." 
Hon. Gerritt Smith, in his " address to the people of the United 
States," authorized by the convention, classed drunkenness with 
slavery, and argued that inasmuch as it was the province of 
government to protect person and property, it was therefore its 
duty to suppress the dram-shop. Pie regarded the time as 
propitious for the new party, because political lines had been 
relaxed, and no other prominent measure was pending. 

The future of the new party was intrusted to a National Com- 
mittee, who issued a call for its ** First National Nominating 
Convention," to be held at Columbus, Ohio, Feb. 22, 1872. 
This body went through all the forms of a regular political con- 
vention. It nominated Hon. James Black, Pa., for President, 
and Rev. John Russell, Mich., for Vice-President, and published 
a platform of principles, announcing as cardinal doctrines the 



PROHIBITION. 51a 

moral and political wrongfulness of the liquor traffic ; the ineffi- 
cacy of a license system, and reliance on State and National 
prohibition. It took high ground on other questions, among 
which was the election of President, Vice-President and Sen- 
ators by direct vote of the people, and female suffrage. This 
ticket received 5,608 votes at the polls. The number received, 
or rather returned, must not be regarded as a measure of the 
prohibition sentiment of the country, but rather as expressive of 
the hopelessness of a first trial amid supreme odds. 

A second nominating convention of the " Prohibition Reform 
Party" — observe the name is changed — was called for May 17, 
1876, at Cleveland. It nominated Hon. Green Clay Smith, Ky., 
AS the party candidate for President, and Hon. G. T. Stewart, 
Ohio, for Vice-President. The platform affirmed that of 1872, 
and demanded that the government should enforce prohibition 
in the District of Columbia and the Territories. The ticket re- 
ceived 9,522 votes in the Presidential contest. 

The third nominating convention of the party was held at 
Cleveland, June 17, 1880, which placed Hon. Neal Dow, Me., in 
nomination for the Presidency, and Rev. H. A. Thompson, Ohio, 
for the Vice-Presidency. This ticket received 10,305 votes. It 
is the purpose of the party to pursue its political work, and to 
this end it has national candidates in, the field this year, as well 
as candidates in many of the States. As auxiliary to its political 
work there has been formed a National Prohibition Alliance, 
whose object is to educate the people to the use of the ballot as 
a means of securing prohibitory legislation. Whatever may be 
said of prohibition in its strictly political sense, one cannot help 
admiring the energy and pluck of its advocates. They are men 
of more than ordinary intelligence, and have the courage of deep 
and abiding convictions. They may have been indiscreet in the 
political manipulation of their cause in the States, at certain 
junctures, and at other times may have lost more than they 
gained by the intolerance which is inseparable from burning zeal, 
but in general they have learned and advanced as other great 
organizations and movements have done. Progress up toward 
prohibition has been, on the whole, steady and by strictly logical 



52a PROHIBITION. 

steps. The first National convention in the country (1833) 
rested on the immorality of the sale and use of intoxicants. The 
second one (1836) declared for a total abstinence pledge as a 
corrective. The third (1841) attacked license and regulation. 
The fourth (185 i) declared for prohibition on the basis of the 
" Maine Law." The fifth (1855) repeated the work of the fourth. 
The sixth (1868) called for the ballot as the only effective pro- 
hibition weapon. The seventh (1869) culminated in a National 
Prohibition Party. This party must itself make great progress 
along intelligent and assuring paths before it can hope to so 
dominate sentiment as to secure a favorable expression of 
popular will through the medium of the ballot. It must not 
only pass through many a Red Sea of trouble, but make many 
long and tedious marches and countermarches in the deserts of 
opinion and controversy. 

FOR AND y^C^^/A^T!— Mention of controversy suggests 
that this may be very properly called the controversial era of 
prohibition. The more it makes itself conspicuous in a political 
sense the more criticism and antagonism it invites. As it pushes 
itself into national, State and local campaigns it assumes the 
responsibility of discussion. Being on the aggressive, it cannot 
shirk the burden of proof. Happily for all interested, these con- 
troversies can be carried on more intelligently and satisfactorily 
than formerly, for prohibitive experiments in the States have 
been sufficiently numerous to afford valuable data for illustra- 
tion and argument. It is pleasing to note a gradual dropping 
of the dogmatic tone on the part of many really able prohibi- 
tionists on the one hand, and on the other a gradual departure 
from the aerial sensationalism which marked an emotion but 
mocked an argument. As its men, in their new departure, get 
knocked about in the arena of politics, either as candidates or as 
campaign orators, they learn the proprieties of intellectual com- 
bat and lose the spirit which would force a dogma in fresh, un- 
digested and irreceivable shape on the popular mind. " 'Tis 
right, therefore take it," is not the modern prohibition dose ; but 
rather, " Come, let us reason together ; my cause hath merit, of 
which I may be able to persuade you." 



PROHIBITION. 53a 

As stated in the beginning of this article, not all temperance 
people are agreed as to the practicability of prohibition. A large 
and vigorous temperance school still relies on agencies which 
are classed as moral and regards them as the only effective ones. 
Its members draw a distinction between vices and crimes. They 
do not see in the liquor traffic a harm done with malice prepense. 
Therefore they do not see a crime which law can assume to 
punish. They see only a vice, which is the subject of moral 
correctives. They say that no law can make a crime of a vice, 
or if so, that such law must fail of its object, just as the fugitive 
slave law and the Spanish laws against Protestantism did. They 
argue that if one vice is punished by law all may be, and in that 
event the last man would have to reach out through the cell 
door and lock himself in, for we are all guilty of vices. To 
this the prohibitionists answer, if the law which makes a vice a 
crime is backed by intelligent sentiment, a crime it must be. We 
propose to make such a sentiment. We refuse to regard liquor 
as other than the dynamite of modern civilization, all promis- 
cuous or illegitimate dealing in which is criminal and worthy 
of punitive suppression. 

The same school refuses to accept the workings of prohibition 
as conclusive. For instaxice, Dr. Dio Lewis, the originator of 
the " Woman's Crusade " movement, says that the " Maine Law " 
has only suppressed the rum traffic in the State on the surface, 
and that the official report of the State Prison Inspectors, for 
the year of his visit, showed 17,808 arrests for street drunkenness 
out of a population of less than 700,000. He continues: "From 
that hour I had no difficulty in believing all that had been said 
about the cunning tricks of the business men in Maine ; about 
the private drinking-clubs — eighty-six in Portland — many of them 
in large rooms over stores, each member of the club carrying a 
pretty key, showing it with pride, and chuckling over the helpless- 
ness of the constable who might come to the door which that 
key unlocked. I have had no difficulty in believing that this 
has great fascination for young men, and in believing the state- 
ment made to me in Maine by one of her most eminent citizens, 
a warm prohibitionist, to the effect that prohibition, like other 



54a PROHIBITION. 

good things, had its drawbacks, the worst of which was that a 
great number of the better class of young men, who would 
never drink in an open saloon, had become victims of the drink- 
ing-clubs." 

This is met by Neal Dow and prohibitionists of his advanced 
school by square denial. Others who concede its truth, in great 
part, claim that they seek an absolute remedy in National pro- 
hibition first and then in State prohibition, or in general State 
prohibition. Their thought is suppression of the traffic all along 
the line. Local suppression in the midst of hostile surroundings 
must always partially fail. Such partial failure, however, does 
not shake the principle involved nor operate as a discourage- 
ment. 

The popular antagonism to prohibition is based on its inter- 
ference with personal liberty. This is always plausible. And 
in so far as the measure of liberty for the individual is every- 
where the measure of liberty in society it is not easy to meet. 
The prohibitionists say, " We rejoice in the utmost liberty, if 
people will only do right." This is excellent in the abstract, 
but practically their standard of right is the one which must be 
subscribed to. Their position is therefore not unlike that of the 
Puritan, stout advocate of personal liberty, but to whom a 
Quaker was a fellow with wrong views and worthy to be hung. 
To this argument the prohibitionists answer, " We do not seek 
to force our opinions to the verge of interference except as they 
are embodied in laws." Then the doctrine of personal liberty 
is quite another thing, for it is as civil liberty is, to wit, " natural 
liberty so far restrained by human laws as is necessary and ex- 
pedient for the general advantage of the public." All other 
notions of personal liberty would admit a right to do wrong, 
and would rise as excuses for crime of every kind. 

To the argument that prohibition legislation is odious because 
it seeks to establish sumptuary laws, the reply is prompt that 
the sumptuary acts which formerly brought odium on law-givers 
and which were inherently tyrannical were those which limited 
the necessities of life, as food, furniture, clothing, etc. Laws 
prohibiting the manufacture and sale of a deadly poison or of 



PROHIBITION. 55f, 

an article generally destructive of health and morals, or danger- 
ous to the peace and well-being of society, are not sumptuary 
in their nature, not at all tyrannical. The public good is the 
supreme law. 

Much is made of prohibitive experiments in other ways. 
Kansas is conspicuous as an instance of triumphant political 
prohibition. It was inserted in the State Constitution. A gov- 
ernor was elected for two terms on a distinctive prohibition issue. 
It looked as if the principle had a political basis which could 
not be shaken. But it failed finally to float a candidate into 
gubernatorial honors, failed as a party measure. Why it failed, 
is a great question. The sentiment was not a real, but a curious 
or experimental one, says one. It was the sentiment of indif- 
ference to results, says another. It was a sentiment tired of 
prohibition persistency, and willing to see it fail of a trial, says 
a third. The true answer is doubtless yet to be found. In 
finding it much will be learned, much profit will ensue. There 
should be no apology for the failure, nor any whimpering about 
the defeat — they were signal — but an intelligent quest for causes 
and speedy effort to remove them. What is desirable in the 
abstract may in its practical application prove both obnoxious 
and injurious. 

The Vermont experiment is not much quoted, though it has 
been lengthy — thirty years, — received a popular majority, and 
has never failed to secure legislative countenance. The pro- 
hibition code there is simply formidable. It prohibits the manu- 
facture of spirituous and malt liquors, and the sale or giving 
away of the same. Cider must not be sold at any place of 
public resort, nor may a man furnish liquors to a minor in 
his own house. Ingenuity has been taxed to the uttermost to 
throw guards around the traffic. Perhaps it has been overdone. 
It is said on good authority that the law is practically a dead 
letter, and that 446 liquor-shops are open in the State. Efforts 
to enforce the laws are spasmodic and short-lived. There is 
hardly a sentiment against them, but none for them. The com- 
munity is oppressed with the dead weight of indifferentism. 
Here prohibition is really to blame. It suffers its case to go by 



56a PROHIBITION. 

default. If a living thing, its vitality should not so ebb and 
flow as to invite the rebuke of inordinate spasm and correspond- 
ing relapse. 

The Ohio controversy has been lengthy and perhaps broader 
and more profitable than any other. It is yet open and is enlist- 
ing the attention of all thinkers. We cannot pursue it, but it 
has brought prohibition to face sortie of its profoundest problems. 
The Scott law imposed a very high license, by which the num- 
ber of saloons were reduced some 3,000 in number. It also 
contained a local option clause. In addition to this a prohibitive 
amendment to the Constitution was urged — and as some think 
was carried, at the last election. This was the political phase 
of the situation. It has given rise to the thought that such 
amendment as was anticipated would have prevented legislative 
action in the future on the basis of popular opinion. It has 
opened the question of how far the dram-buyer is particeps 
criminis with the dram-seller and manufacturer. It has started 
the inquiry as to how prohibition can be made operative against 
the manufacturer of spirits for the arts. It has raised the 
question of how far the State or nation can interfere with a 
traffic which has sprung from a demand of a large part of the 
community, without making itself responsible for the losses that 
ensue. 

Other questions, equally vital, will doubtless arise before 
prohibition achieves its final victory. They must all be met 
with becoming spirit. Every day's march is provocative of 
deeper inquiry, and the more formidable prohibition becomes the 
more it will be called upon to square itself with laws, times, in- 
stitutions and constructions. If a political force with a future, 
it must not only be moral and intelligent, but practical. 

GENERAL PHASES.— Whatever the sentiment of the 
country or of individuals respecting prohibition, the fact must be 
faced that in its new nationally political form it is a broader and 
deeper movement than in its old form of local and sporadic 
prohibition. It is no longer " hurricane reform," but rather a 
silent force operating along clearly defined lines of progress, and 
gradually nerving itself for a final clash with the conservatism 



PROHIBITION. 57a 

of existing political parties and even the angry personalism of 
an industry involving millions of dollars. No man ever dreamed 
of the existence of 320,000 prohibition votes in Ohio, nor of a 
tenth of that number, till the election of 1883. If a sudden 
dissolution of parties should come about even now, it is more 
than likely that they could be instantly reformed on the basis 
of progress and conservatism, prohibition standing for the former 
and license or non-interference for the latter. Alcohol is not 
only in politics, but apparently in to stay. 

In addition to the regular political steps already taken toward 
a national prohibition convention in 1884, for the nomination of 
candidates for President and Vice-President, the ladies of the 
Women's Christian Temperance Union of the United States 
thus memorialized the Republican Convention at Chicago : 

To the National Convention of the Repiiblican Party : We the members of the 
Women's Christian Temperance Union of the United States, herein represented by 
the signatures of our officers, while believing that while the poison habits of the 
nation can be largely restrained by an appeal to intellect through argument, to the 
heart through sympathy and to the conscience through the motives of religion, 
believe that the traffic in those poisons will be best controlled by prohibitory law. 
We believe that the teachings of science, experience and the golden rule combine 
to testify against the traffic in alcoholic liquors as a drink, and that the homes of 
America, which are the citadels of patriotism, purity and happiness have no enemies 
so relentless as the American saloon. Therefore, as citizens of the United States, 
irrespective of sex, or religion or section, but having deeply at heart the protection 
of our homes, we do hereby respectfully and earnestly petition you to advocate and 
adopt such measures as are requisite to the end that prohibition of the importation, 
exportation, manufacture and sale of alcoholic beverages may become an integral 
part of the national Constitution, and that your candidate shall, by character 
and public life, be committed to a national prohibitory constitutional amendment. 

One of the most remarkable instances of rapid growth in pro- 
hibition sentiment has been in the Southern States within two or 
three years. In Texas and Georgia it has, in off-political years, 
almo.st obliterated old party lines, and in certain localities, as in 
Atlanta, it has enjoyed temporary triumphs, with most of the 
advantages claimed for it by friends and with few of the disad- 
vantages charged to it by enemies. 




THE SURPLUS REVENUE. 

JlfN the fall of 1882 the Republican party of Pennsylvania 
introduced into its platform a proposition which read as 
- ' follows : " That any surplus in the public treasury aris- 
ing from a redundant revenue should, after paying the 
national debt as fast as its conditions permit, be dis- 
tributed from time to time to the several States upon the basis 
of population, to relieve them from the burden of local taxation 
and provide means for the education of their people." It became 
known as the Barker plank, from the name of the gentleman who 
suggested it. At first it attracted but little attention, but as 
time passed it drew comment and discussion, and at last grew to 
be a matter of far-reaching and national moment. 

HISTOR Y. — It was not a new proposition or doctrine, as 
many supposed, but was nearly as old as the government, and 
had at various times engaged the attention of statesmen and 
parties. Jefferson, in one of his inaugurals, spoke of the neces- 
sity of providing a plan for the distribution of the proceeds of 
the sales of public lands among the States, it then being a 
doctrine that such proceeds belonged to the States which were 
the real owners of the lands. 

Afterwards, in the second session of the Nineteenth Congress 
(1827), a bill was defeated which had for its object the distribu- 
tion of a part of the national revenue among the States. In this 
Congress the National Republican and Democratic parties were 
very evenly divided, and this measure shared the fate of an 
amended tariff bill which was strongly urged by the National 
Republican (afterwards the Whig) party. 

President Jackson, with greater reason than had previously 

existed, for the national debt was then growing small, proposed, 
58a 



THE SURPLUS REVENUE. 59<j 

in his message to the Twenty ^first Congress, Dec. 7, 1829, a dis- 
tribution of the surplus revenue among the States, the thought 
still being that the States were entitled to it as owners of the 
public lands, the sale of which constituted a leading source of 
income. The President's suggestion led to the famous Foot re- 
solution of inquiry into the sales of the public lands, and to the 
proposition to stop surveys and limit their sale for a time, debate 
on which engaged almost the entire session of the Senate and 
culminated in the splendid oratorical contest between Webster 
and Hayne. 

On account of the approaching extinguishment of the public 
debt. President Jackson, in his message to the Twenty-fourth 
Congress, Dec. 7, 1835, again called attention to the necessity of 
devising some means of distributing the surplus revenue among 
the States. The matter being timely, it drew many propositions, 
each of which was suggestive of the numerous constitutional 
difficulties in the way. A direct return of surplus moneys to 
the States, and the further collection of the same for the pur- 
pose of so returning them, were regarded as out of the question. 
The plan' was hit upon of loaning to the States, in proportion to 
their population, such part of the surplus as they thus became 
entitled to. The act passed, June 23, 1836, to take effect Jan. 
I, 1837. It authorized the deposit of all surplus for that year, 
except ;^5, 000,000, in what were then known as the " pet banks," 
or designated government depositories, the same to be drawn 
out by each State to the extent of what was due it, and to be 
regarded as a loan for whose payment the State stood as security. 
There was an actual distribution to the extent of $26,101,644. 
The quota due each State for the year 1837 was ascertained, and 
three quarterly payments were made on Jan. i, April i and July 
I . Owing to the panic of that year, which forced the act of 
Oct. 2, 1837, postponing further payment till Jan. I, 1839, the 
fourth instalment was never paid. To illustrate, the quota ascer- 
tained to be due Pennsylvania was ;^3,823,353.04, and of this she 
received three instalments of ;^955,838.26 each, or a total of 
^2,867,514.78. The quota of Virginia was ;^2,93 1,236, and of 
this she received three instalments of ;^732,809 each, or a total 
of ^2,198,427. 



QOa THE SURPLUS REVENUE. 

The act had an excuse for its existence in the fact that there 
was no debt of any account and a surplus revenue, which, unless 
distributed, the treasury would have had to hoard. It was based 
on the then prevailing theory that the States were entitled to it 
as owners of the public lands, whence most of this revenue came. 
But probably the passage of the act was due as much to a desire 
on the part of certain presidential aspirants to stand well with 
the States as to anything else. The Foot inquiry of former 
years had shown that the policy of stopping surveys and sales 
of public lands for a time was very unpopular. These going on, 
the question of distribution kept at the front. 

Further, the act imposed no restrictions on the States. They 
could use the money as they pleased. Indeed the very nature 
of the distribution — it was a loan and not an absolute gift, though 
it was understood that payment would never be demanded — 
prevented such restriction. What the States did with it is not 
certain at this date. It is said that in Maine and New Hamp- 
shire it was distributed among the people amid infinite jest ; that 
Nev/ York set it apart as a school fund ; that North Carolina 
put it into internal improvements ; that Pennsylvanfa divided 
hers into a school fund and a fund for internal improvement. As 
to the rest of the twenty-six States w^hich participated the im- 
pression is that it was frittered away without permanent good 
results. 

After the panic of 1837 and the era of low tariffs which began 
with the sliding scale of 1833, not to end till 1861, the country 
was in no condition to moot the question of a distribution of a 
surplus. Yet it unfortunately came up in 1842. The Whigs 
were then striving to pass the protective tariff act of that year. 
They did so after a long debate, and in order to calm apprehen- 
sion respecting a redundant revenue from it they coupled with it 
a clause providing for the distribution of any surplus that might 
arise among the States. The bill fell under Tyler's veto. A 
second was passed without protective features. This was also 
vetoed. A third without either the protective or the surplus 
distribution feature was passed and signed. This became the 
celebrated Tariff Act of 1842. 



THE SURPLUS REVENUE. CAa 

After that the act of 1836 passed quite out of mind, and the 
theory of distribution with it, if we except the recent demands 
made by Arkansas and Virginia upon the treasury for payment of 
the fourth instalments which they claimed to be due them. The 
Virginia case took the shape of a mandamus to compel the 
Secretary of the Treasury to pay her the sum of ^732,809, the 
same being the fourth instalment of public money which the 
Secretary of the Treasury was directed to deposit for the benefit 
of the State by act of Congress dated June 23, 1836. The 
Supreme Court of the United States, March 17, 1884, dismissed 
the mandamus, saying " that the act in question created no debt 
or legal obligation on the part of the United States to the States 
accepting its terms, but only made provision for the deposit 
temporarily with the States, subject to recall by the government, 
of a portion of the surplus national revenue." Further : " The 
act authorized the deposits to be made out of surplus in the 
treasury, on January I, 1837. The act of October 2, 1837, 
postponed the fourth instalment till January I, 1839. The con- 
dition of the treasury was then such as to forbid its payment 
or deposit. Congress did not make it a charge on revenue in 
the treasury after January i, 1839, and the Secretary of the 
Treasury has no power to apply subsequently collected revenue 
to the payment of said fourth instalment without an act of 
Congress." 

It thus appears that distribution of the surplus revenue is no 
new question, but one which has plagued the Government and 
parties throughout the century. 

PRESENT QUEST/OK— The present question of surplus 
distribution comes up at a time when there is really no surplus 
revenue. The country is in debt to the extent of nearly ^1,500,- 
000,000. Rigid economists say "let all revenue be devoted to 
the payment of the debt, then talk about distribution." This is 
almost the position taken by the Secretary of the Treasury in 
his last report, December, 1883. His words are : " It is perhaps 
enough for the present that the payable debts of the Union can 
take up all surplus now existing or likely to arise for four years 
to come," 



Q2a THE SURPLUS REVENUE. 

The President in his message to Congress, December, 1883, 
advises a diminution of the excise taxes if the surplus appears 
too large ; yet, the same having been reduced to the extent of 
;^50,ooo,ooo in 1883, and the Tariff rates having been consider- 
ably cut, he thinks that the full effect of these laws should be 
witnessed before making haste to reduce the surplus further. 

Observe both of these functionaries speak of a surplus revenue. 
They do not mean that there is an actual surplus as in 1836; 
that is, one over and above absolute needs; but only one above 
present or current wants. There is more than enough to pay 
the expenses of running the Government, the interest on the 
debt, and such part of the principal as may be falling due, or as 
ought to be met in order to keep up steady reduction. If the 
thought is entertained that all surplus should go to the 
extinguishment of the debt, then no question can arise as to the 
distribution of the surplus among the States. If, on the con- 
trary, the thought be conspicuous — and it surely is — that we 
ought not to pay the debt so rapidly, then the question of 
making some disposition of the surplus forces itself to the front, 
for nothing is better established than the doctrine that a govern- 
ment ought not to collect money from the people for the mere 
pleasure of the thing and for the purpose of piling it up idly in 
the vaults of the Treasury. 

The present question of surplus distribution is therefore com- 
plex. It depends on our ideas respecting the propriety of rapid 
or slow payment of the National debt. And rapid or slow pay- 
ment of the debt is in itself a great question. Rapid payment 
means a continuance of high excise taxes and high rates of duty 
on imports. It means constant calling in of bonds, which holders 
would rather retain than give up. It means the speedy and final 
extinguishment of the bonds which the National Banks are 
compelled to buy and hold as a basis of the banking system, and 
it consequently means the end of that system, or its reorganiza- 
tion on some other and less satisfactory basis. In its most 
favorable light, it means of course the early stoppage of interest 
on the debt and thereby an immense annual saving. 

Slow payment means a lower tax and tariff rate, a spreading 



THE SURPLUS REVENUE. Q^a 

of the burdens over the future, a longer continuance of the 
National Banking system, enjoyment of our securities by holders, 
and annual loss in the shape of interest. But in view of the 
fact that our bonds have to be met at stated times as they fall 
due, there is no school of economists which advocates a reduc- 
tion of our National income to the low standard of mere current 
or every-day wants. All agree that we should pay our way 
and be making ready for future demands ; in other words, that 
however much taxation may be reduced, the Government should 
not be pinched, but should have a handsome margin each year ; 
that is, a surplus. 

Selfish rather than strictly economical considerations come in 
to complicate the question. Those interested in liquors and 
tobacco, the two articles which now bear the brunt of excise 
taxation, naturally want them relieved of tax. They point to 
the dangers of a surplus revenue, and answer the question of 
distribution by saying, *' Strike off the tax and thus do away with 
the surplus." Again, those interested in maintaining a high pro- 
tective tariff see great danger in a large surplus. Some would 
have it applied directly to the payment of the debt, so that an 
inducement to lower tariff rates and income from duties might 
not arise, for the present at least. Others fall in with the liquor 
and tobacco interests, and advocate abolition of all excise taxes 
and internal revenue, on the theory that if this source of income 
is cut off, the government will be compelled to maintain a high 
standard of duties on imports. Still others are ardent advocates 
of the present rates of tax and duty, and as to the surplus that 
is arising and sure to arise, they say, "Let it be distributed among 
the States, and to some good end." 

One other thought in connection with the present question of 
surplus distribution, before we turn to its history. The surplus 
under consideration is that which arises from all sources. It is 
general and mixed. The early attempts at distribution among 
the States, and the successful one of 1836, touched a special, 
unmixed surplus — that arising from the sale of public lands. It 
was not a surplus occasioned by taxation, nor was the distribution 
regarded as anything more than a return of moneys to the proper 



64a THE SURPLUS REVENUE. 

owners, State supremacy and right to the pubHc domain being 
then a prominent poHtical doctrine. There is now no proposition 
" — except as a means of avoiding Constitutional objections, or of 
reconcihng the idea of distribution to the popular mind — to sep- 
arate the surplus, and to distribute to the States the part which 
arises from the sale of public lands, or from any special source. 
The distribution is not to be made because the States have any 
paramount right to the surplus moneys, but because the govern- 
ment chooses to be generous and to restore to the people, as 
nearly as it can, the sums it has collected from them. This is 
the proposition of distribution coldly stated. But it has taken 
quite another form under discussion, as we shall see. 

We now turn to the growth or amplification of the surplus dis- 
tribution idea. As embodied in the Pennsylvania platform, it 
meant a distribution of not needed surplus among the States in 
proportion to their population, and for the purpose of relieving 
them " from the burden of local taxation and providing means 
for the education of their people." There was no mention of 
the source whence the surplus sprang. The distribution was to 
be general, and on the basis of population. It was to be con- 
stant as long as a surplus arose, great or small in proportion to 
the extent of that surplus. The recipient States were to be 
limited in their use of the money. They were to pay local debts 
with it and provide means for the education of their people. 

A year afterwards, Nov. 22, 1883, the question came promi- 
nently before the public through a letter from Hon. James G. 
Blaine, published in the Philadelphia Press. He objected to the 
Pennsylvania plan because it proposed to give no steady or cer- 
tain amount to the States each year. They would be the recipi- 
ents of a large amount this year and a small amount next, just 
as the surplus fluctuated in the Treasury. The States could not, 
therefore, depend on it to support any plan for reducing their 
debts or building up educational systems. They would fritter 
it away as they did the deposits of 1837. He objected further 
that it placed a temptation before representatives from impecu- 
nious States to withhold their support from National and legit- 
imate appropriations in order to make those for their States as 



THE SURPLUS REVENUE. 65^^ 

large as possible. His third objection was to the assumption 
contained in the proposition that our present redundancy of rev- 
enue would continue for some time. But owing to the fact, or 
combination of facts, that our securities were in such shape that 
payment of much of the debt could well be postponed, and that 
there was hardly a possibility of so reducing taxes and duties as 
to avoid a surplus income, he regarded it as a fit time to help the 
States to lift their debts and lower their rates of taxation. Then, 
on the theory that the Federal government could alone tax 
spirits with any degree of success, that it was the easiest and 
handiest taxation known, being on a luxury, and that it was far 
less oppressive and hurtful than any local tax on land or per- 
sonal property, he proposed to turn over to the States each year 
the amount raised by the government on liquors, with the intent 
that they should reduce their own taxes in proportion to the 
amount received. The amount raised in 1883 from tax on 
liquors was ;^86,ooo,ooo, which, in the hands of the States, would 
enable them to reduce their local taxation that much. Thus, he 
argued, the States would have a certain income, one arising from 
a specific tax on specific articles, and they could afford to engage 
in plans for lowering taxes without fear of confusion. 

While this plan went back to that of 1836, and involved the 
distribution of a special, or specifically derived, surplus, and may 
have, in the mind of its author, thereby overcome a Constitu- 
tional objection, it was narrower than the Pennsylvania plan, 
which proposed that the recipient States should not only lower 
their taxes, but educate their people, through and by means of 
the government's bounty. It further created a surplus for dis- 
tribution, and made it certain for each year, a thing not contem- 
plated in the Pennsylvania proposition, for it assumed to deal 
only with such surplus as seemed probable, unless there came 
about a reduction of both excise taxes and tariff rates. 

This reopening of the question drew a variety of opinions 

from all sources, and proved the beginning of a discussion which 

has since become general, and in some instances taken on party 

hues. Both the plans of distribution were compelled to face the 

Constitutional argument that the government had no right to 
38 



66a THE SURPLUS REVENUE. 

raise money by taxation for the purpose of handing it over to the 
States that they might thereby hghten the burden of State taxa- 
tion. And this has all along been the most serious argument 
against any proposition to distribute national surplus. It is 
certainly stronger against creating a surplus, or setting apart 
specifically derived income, for the use of the States, than 
against such disposition of an accidental surplus found in the 
Treasury, especially if the latter goes to the States for educa- 
tional purposes, or partly so. In the end it may prove a fatal 
objection. 

Another objection was to the effect that the distribution of 
moneys arising from the taxation of malt and spirituous liquors 
would be enriching States which did not manufacture such 
liquors at the expense of those which did. This lost its weight 
by the consideration that the consumers, in the end, paid the 
tax, and such consumers were found in every State. Again it 
v/as said that if the States were thus supported, the people would 
lose their interest in local affairs ; that it looked to the perpetua- 
tion of internal revenue taxation at a time when public senti- 
ment favored its abolition ; that it would encourage profligacy 
in the States ; would be generally unwise and mischievous. 

The friends of distribution relied on historic precedent, on a 
popular sentiment which could not be induced to relieve liquors 
from taxation so long as lands and articles of necessity were 
subject to it, on the ability of the government to collect such 
tax with the machinery already in existence, on the fairness of a 
distribution according to population, on the immense advantage 
likely to accrue to the States. 

When the matter began to assume practical shape, which it 
did in a bill drawn by Mr. Barker, author of the Pennsylvania 
plan, it was seen that many of the objections above urged were 
insuperable. There was a general departure from the thought 
that the government ought to raise revenue for the purpose of 
distributing it. Indeed, it appeared that if the government were 
to assume any such generous attitude toward the States, it must 
have a higher justification than had thus far cropped out. That 
part of the Pennsylvania plan which referred to a distribution 



THE SURPLUS REVENUE. g7^ 

for educational purposes now became conspicuous. States had 
founded educational systems and endowed them liberally, on 
the theory that they owed an obligation to the citizen — the 
obligation of redeeming him from illiteracy. Did not a similar 
obligation exist on the part of the Federal government? 

This question had been acked many times during the existence 
of our government, and in general answered affirmatively. If 
such obligation existed at all, it did so now to an extent greater 
than ever. Illiteracy was everywhere. In some sections half 
the people were illiterates. Those sections were not the richest, 
nor best qualified to embark in liberal schemes of education. 
What so easy and proper as for the government to extend edu- 
cational aid? There was a surplus of revenue, and distribution 
of it for such purpose would be in the nature of a parental 
patronage. Constitutional objections would be avoided. The 
government would be a benefactor. Public moneys would not 
go out to the States as such, and in proportion to population, 
but to the States as localities where illiteracy was prevalent and 
in proportion to the number of illiterates. Help would go 
where it was needed, light into dark places, both as a demand 
existed. 

In looking back, precedent was found to be abundant. The 
ordinance (1785) for the government of the Northwest Territory 
set apart the sixteenth section (640 acres) of every township for 
common school purposes, and wisely declared that " religion, 
morality and knowledge being necessary to good government 
and the happiness of mankind, schools and the means of educa- 
tion shall be ever encouraged." Fourteen of the States received 
school lands under this ordinance. The ordinance of 1787 in- 
creased the gift- of school lands to two townships of land to each 
State for the purpose of founding a university. This ordinance 
was confirmed after the adoption of the Constitution, and every 
State organized since 1800 has enjoyed this gift of 46,000 acres. 
Those States which handled their deposit, under the act of 1836, 
in the wisest manner made a school fund of it. Many acts, run- 
ning from 1841 to i860, gave large grants of lands to the States, 
much of which was wasted, but some of which was turned to 



68a THE SURPLUS REVENUE. 

the account of public schools. Up to this time the government 
gave to the States lands estimated at 140,000,000 acres, most of 
which, it is safe to say, has been converted to public school uses. 
In 1862 a further grant was made to each State of 30,000 for 
each Senator and Representative in Congress, the proceeds of 
the same to be devoted to the founding and maintenance of agri- 
cultural colleges. 

It is thus made apparent that something very like a policy 
has existed from a time beyond the Constitution to extend 
national aid to education. True, only public lands were given 
away, but that does not alter the principle. The treasury was 
deprived of their proceeds. The proceeds themselves might as 
well have been given — perhaps better. 

At this juncture the question of distributing surplus revenue 
among the States was merged in that of extending national aid 
to education. It came into the Senate in December, 1883, in 
the shape of the Blair bill, and was at first coldly received by both 
political parties. But as discussion advanced, its merits became 
clear, and it finally passed that body. Its success in the House 
is a matter of the future. It appropriates ;^77,ooo,ooo, to be 
dealt out to the States during a period of eight years, in propor- 
tion to the number of illiterates in each. But no State shall 
receive more than it expends itself for public schools, nor shall 
any State receive its instalment till the governor thereof files an 
annual statement showing the school attendance and expen- 
diture for the same. While it disposes of all probable or 
troublesome surplus revenue for eight years at least, it does so 
with a distinctive aim, and under conditions which make it 
obligatory on the States to devote it to education. Certainly 
surplus moneys could not go out of the treasury in a worthier 
direction. The government control of the funds appropriated 
is not lost till a guarantee is given that they are being devoted 
to the uses designed. 

The objections to the bill may be grouped under three heads : 
(i) Those as to its constitutionality. (2) Those to the effect that 
it was virtually legislating in favor of a section, it being known 
that the Southern States would receive the bulk of the moneys 



THE SURPLUS REVENUE. gg^ 

appropriated because the per cent, of illiteracy was largest there. 
(3) Those (chiefly from Southern Senators) to the effect that it 
showed a want of confidence in the ability of the States to 
handle the question of education, and would tend to weaken 
local pride in common schools and local exertion for their sup- 
port. 

The bill rests on the fact of illiteracy, which is indisputable. 
It further rests on the theory that illiteracy is an element of 
danger to the republic, which it is a duty to remove. It simply 
extends the facts and theories which are the basis of common 
school systems in the States to the national government, and 
gives them play there amid greater opportunities for good. 
Whatever may be the fate of the bill in the House, it is certain 
that the Senate's action has brought before the country a far- 
reaching and important question — one which, while it involves 
that of surplus distribution and in a measure settles it, will prove 
pregnant with good or evil, just as statesmen rise or fall with a 
grave situation. 

While these discussions were going on, the fact of a large 
actual surplus in the national treasury came to pass. The re- 
ceipts from customs and internal taxes — the chief sources of 
national revenue — were so large and uniform as to exceed the 
expenditures by several millions of dollars a year. The Secre- 
tary of the Treasury estimated that by July i, 1888, the surplus 
would be ;$ 1 40,000,000. This condition of affairs threw both 
political parties into feverish anxiety, for it was felt that taxation 
which netted a greater income than was needed was unnecessary 
and unwise. Moreover, the accumulation of vast sums in the 
Treasury and the holding of them there in idleness was simply a 
withdrawal of so much from the monetary circulation of the 
country, and an invitation to stringency and financial disaster. 
The question of Surplus, therefore, became more exigent than 
ever before. The Blair Educational Bill was still pressed as a 
possible means of disposing of a part, at least, of the accumula- 
tion. A proposition was also introduced to distribute among 
the States as much of the public money as was collected during 
the war through and by means of the Income or direct tax. 



70a THE SURPLUS REVENUE. 

Various schemes were proposed to increase pensions, enlarge 
our navy, fortify our coasts and grant subsidies to steamship 
Hues. But, in general, theories about the methods of distribut- 
ing what had accumulated were merged in efforts to prevent 
further accumulation. And here the country had a striking in- 
stance of the rapid and unaccountable changes which affect both 
political and industrial sentiment. The manufacturers of liquors 
had come to favor the retention of the internal tax on their pro- 
ducts. What they at first despised as a war tax had turned into 
a lovely and desirable imposition, and they were as unanimous 
as a secret fraternity over the wisdom of submitting indefinitely 
to the existing tax. They had come to regard all the taxes they 
had paid on whiskey in storage as just so much added to the 
cost of production ; and a removal, or any material reduction of 
the tax, would serve to throw their high-priced product into a 
market cheapened by competition with a low-priced or untaxed 
manufacture. The whiskey interests were coherent, aggressive 
and ingenious. They threw out their influence in such a way as 
to seriously affect politics, and no Democratic measure for a re- 
duction of the Treasury Surplus contemplated a removal of the 
tax on liquors in preference to a scaling of the rates of duty on 
imports or a repeal of the tobacco tax. The preference of the 
Republicans, too, was for a repeal of the tobacco taxes first, and 
as to the whiskey tax, they would doubtless have stood hand in 
hand with the Democrats, but for the fact that as a party they 
could not afford to sacrifice the great principle of " Protection " 
by means of the Tariff laws, which principle became more and 
more a distinctive party tenet, just as the opposing principle of 
Free-trade loomed into prominence as a Democratic tenet. 

Therefore while the two leading parties were equally anxious 
about a diminution of the surplus, they were wide apart as to 
methods of bringing it about. In general, the Republican plan 
was to effect the desired object by repeal of the internal taxes, 
letting the duties on imports alone ; while the Democratic plan 
was to reach the same result by lowering the duty on imports, 
letting the internal taxes alone. The anomaly consisted in the 
desire of the Republicans to wipe out a system of taxes they had 



THE SURPLUS REVENUE. 71^ 

originated, fostered and defended as war measures, the excuse 
being that said taxes had outlived their day, were needless as 
further sources of revenue, ought to be repealed in preference to 
duties on imports and, indeed, must be first repealed in order to 
save the tariff laws and rates from attack. The anomaly further 
consisted in the desire of the Democrats to perpetuate a system 
of taxation they had opposed from the very beginning up until a 
late period, and had bitterly decried as " war measures," the ex- 
cuse being that there was no outcry against the internal taxes 
by the people, while there was a widespread demand or com- 
mercial necessity for lower rates of duty on imports, and espe- 
cially the placing of many articles of raw material on the free list. 
Practically speaking, this was the shape the question of reduc- 
ing the surplus revenue took during the first session of the Fif- 
tieth Congress (1888). That anything definite and final could 
be reached amid such political conditions would seem impos- 
sible. But, even if it could, only the question of future surplus 
would be settled. The equally grave matter of " what to do 
with the already existing surplus '' would still be open, and no 
doubt the subject of as much contention as even 




PROTECTION AND FREE TRADE. 

[[ATURE OF THE SUBJECT.— This chief of living ques- 
tions in our economy and politics is compound in sub- 
stance and form. In form its parts take the shape of a 
case in court between plaintiff and defendant. In sub- 
stance it covers two distinct branches of economic 
science, to wit, the relation of labor to capital, and the principle 
of taxation. 

LABOR AND CAPITAL.— Touching these, the question 
has its broadest significance. There is practically no limit to its 
range. In this field doctrinaires spin their fondest theories, and 
practical men pile up their cherished facts and figures. Parties, 
even, shape their lines on the basis thus afforded, and make the 
political arena ring with arguments of refutation and pleas for 
recognition and support. 

FREE TRADE. — But let it be understood that Free Trade in 
the abstract is confined only to bookish theorists. In this, its 
fullest sense, it means open, unrestricted commerce with all 
nations. As to ourselves, and within the limitations of our sub- 
ject, it means the opening of our ports to the free importation 
of foreign manufactures and direct competition with the richer 
capital, riper machinery, and cheaper labor of older countries. 
This is not, as yet, advocated by any political,party in this country, 
though it is contained, as a germ, in most of the anti-protection 
arguments. Those who pass for Free Traders, and who must 
be called such since popular speech thus best distinguishes them, 
in general recognize the right, and propriety, of a duty on 
imports for the purpose of supplying the government with 
necessary revenue. Controversially they enter the field of cap- 
ital and labor, practically they are only within that of taxation. 
72a 



PROTECTION AND FREE TRADF. 73^^ 

The fostering of our industries, in other words protection, is an 
incident of taxation, not an object. How long they can resist 
the tendency of their arguments and refrain from a final plunge 
into abstract Free Trade remains to be seen. 

PROTECTION.— On the other hand it should be understood 
that Protection, from its very inception till now, embraced the 
principles of taxation, and, taking advantage of them as a founda- 
tion, built thereon a system designed to encourage the develop- 
ment of home resource. While all agreed that duties on im- 
ports were the least burdensome of indirect taxes, and therefore 
the most cheerfully paid. Protection made them a discrimination 
against foreign peoples and turned them to the account of our 
own. It at first vindicated the procedure by the example of 
other countries and by the desirability of commercial and indus- 
trial independence. Now it vindicates its position by reference 
to what it has achieved in the domain of capital and labor. It 
is the doctrine of a school, which uses the flag and discipline of 
a political party, but whose scholars are found in all parties. In 
fact it has not been inaptly distinguished by the terms "Ameri- 
can Idea," and "American System." 

TAXATION. — The easiest approach to both the histor}^ and 
principles of Protection and Free Trade is through the word 
"Tariff." It is the Arabic word ta'rif, "information," either 
because it was the list of goods on which duties were levied, or 
the name of the town or post, " Tarifa," on the coast of Spain 
where the Moorish authorities kept watch and gave information 
of vessels sailing through the Straits of Gibraltar, on whose 
cargoes they were accustomed to levy taxes. These Moors left 
their numerals and this word tariff as a legacy to the civilized 
nations of the world. The refinements of trade have given the 
word tariff a definite meaning. 

All taxes are divided into direct and indirect. Indirect taxes 
are those levied on goods in passing from hand to hand — say 
from manufacturer to consumer, or from importer to consignee. 
It would be better for our purposes to say that all taxes are 
internal or external. External taxes are those levied on imports 
from, or exports to, a foreign country. They are what the Con- 



74a PROTECTION AND FREE TRADE. 

stitution means by "duties" and "imposts," in the clause, "The 
Congress shall have power to lay and collect taxes, duties^ im- 
posts and excises, to pay the debts and provide for the common 
defense and general welfare of the United States," They are 
also covered by the word " Tariff," but since export taxes 
are exceptional, Tariff has come to signify the taxes on im- 
ports alone, and also the law or system under which such 
taxes are levied. All civilized nations have a tariff of some 
kind. 

TARIFF. — This tariff, indirect or external tax, was formerly 
used by nations as a source of revenue alone, and frequently in 
a spirit of booty. But as soon as they began to have intelligent 
notions of trade, and of internal development, it became an 
economic force. Legitimate trade may be said to have taken its 
rise in England under the auspices of Elizabeth. Its rapid pro- 
gress there must be ascribed, in a great measure, to the fostering 
care of the government, exercised through and by means of 
tariff regulations. From a different spirit in her institutions, 
though with superior advantages, France, at a later period and 
under the endeavors of her ingenious and indefatigable Colbert, 
laid the foundation of her industry and commerce. The estab- 
lishment of the woollen industry in a country, where nature 
seems to have denied the means, has always been alluded to by 
statesmen as an evidence of what can be effected by patronizing 
administration and a truly fostering government. The Dutch, 
who were pre-eminent in industry and trade, ever made them an 
essential object of State. Their government was paternal in the 
extreme, and their regulations more numerous than those of any 
other country. And so with other peoples, after trade became 
legitimatized, and industry responsive to regulation. The tariff, 
in one shape or another, was the great regulating lever, and the 
main source of encouragement. Since unified Germany has 
come upon the map, she has resorted to special tariff enactments, 
which involve protective features. Italy has had recourse to 
higher tariff laws, in order to encourage lagging industries. 
France, after having for a long time relaxed her earlier regula- 
tions, has returned to them as a means of industrial revival. 



PROTECTION AND FREE TRADE. 75a 

There are but three countries in all Europe, beside England, that 
are not protective — Turkey, Switzerland and Norway. Turkey 
is now insisting on higher rates of duty. 

THE ENGLISH POLICY.— Th^ old English system of ton- 
nage and poundage laws, of protective tariffs, and of commercial 
regulations, was severely in her own favor. It embraced over 
four hundred Acts of Parliament, and was administered without 
respect to the rights of any other nation, but solely for her own 
industrial and commercial welfare. She did not hesitate to make 
her tariffs prohibitive, nor to directly prohibit the exportation 
of articles which might teach inferior nations the skill of her 
own. There is no record of a protective system so selfishly 
woven and tyrannically administered as hers, if we except the 
absolutely exclusive and despotic system of China ; nor of one 
so persistently sustained till it gave her the manufacturing and 
commercial supremacy she courted. This point reached, as to 
commerce by 1825, and as to manufactures by 1846, she resorted 
to a change of policy. We shall see hereafter how she turned 
her American colonial policy to protective account. Let us see 
how she protected her iron. From 1782 to 1795 the duty on 
foreign bar iron was over ;^I2 per ton. In 1797 it was over ^14 ; 
from 1798 to 1802 over $1^', from 1806 to 1808 over $2"}^', 
from 1810 to 1812 over ;^24; in 1818 over ;^28. By 1825 the 
duty was £6 los. per ton if imported in British ships, and 
£'j i%s. 6d. if imported in foreign ships. Other manufactured 
iron paid ;£"20 (;^9o) per ton ; and iron not otherwise enumerated 
paid ^50 for every ;^ioo worth imported. All of these rates 
were then not only protective, but prohibitive, and they serve as 
an index to the policy which prevailed as to other industries 
which she designed to foster. 

MODERN ENGLISH POLICY.— Tht change from pro- 
tection of the most studied and persistent kind to a policy of 
free trade came, after the former had given her wealth and a 
mighty reserve capital, multiplied her industries, fostered inven- 
tive skill, carried her fabrics to perfection, and enabled her to 
dominate the markets of weaker, less skillful, wealthy and inde- 
pendent nations. " Her own markets for her own wares," was 



76d PROTECTION AND FREE TRADE. 

the motto so long as they were in danger of competitive inva- 
sion by others. A number of her writers on political economy, 
for more than half a century prior to 1 846, had inclined to the 
doctrine of free trade. Her statesmen followed in their wake 
and gradually changed the character of her tariff legislation. By 
the latter date free trade in manufactures was the accepted 
dogma. Free trade treaties had been effected with a few of the 
leading countries — notably France — but these were not, in gen- 
eral, renewed. For a time she hesitated about her commercial 
supremacy, owing to the cheapness and facility with which 
Americans built fast sailing ships. But during the transfer from 
wooden sailers to iron steamers — a transfer which, in America, 
was unfortunately retarded, or rather whose prosperous beginning 
was prevented, by our civil war — she took a decided lead. By 
means of enormous subsidies, covering a period of twenty years, 
she destroyed the effect of all legitimate competition, and created 
for herself a monopoly in building and operating a steam iron 
marine. After this the principle of subsidies, like that of pro- 
tection to her manufactures, was no longer insisted upon. She 
became free trade all through, and immediately set up to in- 
doctrinate the world with her newly assumed and thoroughly 
selfish dogmas. Her Cobden Club, an association of British 
noblemen, was formed in 1866. Its avowed object is interfer- 
ence with the protective policy of newer, weaker and less favored 
nations, and their conversion to English free trade notions. Not 
content with arguments scattered abroad in tracts and books, 
this club, which counts among its numbers 200 members of 
Parliament and 12 of the 14 Cabinet ministers, has established 
agencies in different parts of the United States, for the purpose 
of operating directly on our politics, especially in congressional 
districts. In its issue of July 16, 1880, the London Times said: 
" It is to the New World that the Cobden Club is chiefly look- 
ing as the most likely sphere for its vigorous foreign policy. It 
has done what it can in Europe, and it is now turning its eyes 
westward and bracing itself for the struggle which is to come. 
It cannot rest while the United States are unsubdued." 

BRITISH COLONIAL POLICY.— Tsinff, in some shape, 



PROTECTION AND FREE TRADE. 77a 

prohibitive, protective or general, was the wedge which forced 
colonial America from her British allegiance. Says IVIcCulloch 
in his Commercial Dictionary : " It was a leading principle in the 
system of colonial policy, adopted as well by England as 
by other European nations, to discourage all attempts to 
manufacture such articles in .the colonies as could be provided 
for them by the mother country." Says Bancroft, " England, 
in its relations with other States, sought a convenient tariff; in 
the colonies it prohibited industry." An Act of Parliament in 
1750 prohibited as a common nuisance the erection of any mill 
in America for slitting or rolling iron, or any plating forge to 
work with a tilt hammer, or furnace for making steel. So the 
making of nails was prohibited in Pennsylvania. Even to 1776, 
England, according to Adam Smith, ** prohibited the exportation 
from one province to another by water, and even the carriage 
by land, upon horseback or in a cart, of hats, of wools and 
woollen goods, of the produce of America, a regulation which 
effectually prevents the establishment of any manufacture of 
such commodities for distant sale, and confines the industry of 
her colonists in this way to such coarse and household manu- 
factures as a private family commonly makes for its own use or 
for that of some of its neighbors in the same province." 

After the invention of the puddling furnace and rolling mill 
by Henry Cort, we find English statutes (1785) prohibiting the 
exportation of tools and utensils to foreign parts, the migration 
of workmen skilled in manufactures, and (1799) even of colliers 
who mined her coal. The first complete rolling mill in America, 
erected at Plumsock, Fayette county. Pa., for Col. Isaac Meason, 
)vas built and started by two Welshmen, Thomas and George 
Lewis, who came under the head of British skilled iron-workers, 
and as such were compelled to " smuggle " their passage across 
the Atlantic. 

We are all more or less familiar with the English methods of 
exacting revenue from her American colonies, by Tea Acts, 
Stamp Acts, etc. They were but a part of that stupendous 
system of home protection and foreign discrimination which en> 
riched England and built up her manufactures and commerce at 



78a PROTECTION AND FREE TRADE. 

the expense of other nations. By no act or thought did she 
encourage agriculture in America, though she seemed to know 
that this country would in time become her granary. No sooner 
was this proved, under the auspices of independence and in the 
midst of circumstances she could not control, than she set about 
to build up rival markets in other, and newly planted, colonies. 
How well she has succeeded in India and Australia ought to 
appear clear from the fact that her wheat supply from these two 
sources for 1883-4 so nearly equaled her demand as to leave our 
splendid surplus of 80,000,000 bushels almost untouched, or 
subject to a tardy movement at ruinous figures. 

THE AMERICAN THOUGHT. — ColomsX independence 
meant escape from this discriminative and ruinous British policy. 
There was hardly a colonial debate that did not inveigh against 
the selfish efforts of England to enrich herself at the expense of 
other nations, and to complete her industrial and commercial 
supremacy by overriding their protective systems and sapping 
their powers for independent, competitive existence. A prime 
fact mentioned in the Declaration of Independence and " sub- 
mitted to a candid world " as proof that Great Britain designed 
to establish " an absolute tyranny over these States," was " cut- 
ting off our trade with all parts of the world ; " and among the 
rights of a free people is mentioned that to " establish commerce." 

The most fatal defect of the Articles of Confederation was 
absence of power to collect revenue, regulate trade, encourage 
industry. The thoughts of all our early statesmen were turned 
to this defect, which to them was the more glaring, because of 
intimate acquaintance with the British system. So paramount 
was the necessity for escape from industrial and commercial de- 
pendence, and so momentous was deemed the power to protect 
ourselves that Washington confidently looked to the trade regu- 
lations of a more efficient government as a means of giving the 
country its proper weight in the scale of empires, and, with a 
feeling foreign to his better nature, he declared that such govern- 
ment " will surely impose retaliating restrictions, to a certain 
degree, upon the trade of England." 

The proceedings of the Continental Congress abound in de- 



PROTECTION AND FREE TRADE. 79^^ 

bates, resolutions and committees, having for their object the 
promotion of home products and the development of home re- 
sources. There seemed to be no question, among the leaders 
of thought, of the right and duty of a government to foster in- 
dustry by legislative enactment, nor of the necessity for a new 
government endowed with ample power to provide revenue 
through a tariff and at the same time protect all its vital interests. 
THE FREE TRADE ERA.—^yxt this sentiment was not 
universal. Abuse of this power on the part of England had led 
to revulsion against it in the minds of the mercantile community. 
They needed the experience of the free trade era, from the date 
of the treaty of peace with England to the adoption of the Con- 
stitution (1783-89), to change their convictions. Free trade then 
existed, under the hard compulsion of circumstances. Tariffs 
were in the hands of the States. Where one imposed a duty 
the other admitted the article free. There was no uniform im- 
post law, and therefore practically none at all. The States, de- 
pleted by the war of the revolution, were the victims of unre- 
strained foreign trade competition. They had few factories, 
rolling mills and workshops, and but limited means of recupera- 
tion. Says Carey, " At the close of the Revolution the trade 
of America was free and unrestrained in the fullest sense of the 
word, according to the theory of Adam Smith, Say, Ricardo, 
the Edinburg Reviewers, and the authors of the Encyclopaedia. 
Her ports were open, with scarcely any duties, to the vessels 
and merchandise of other nations." What befel ? As the States 
were discordant, foreign powers passed such laws as they pleased 
to destroy our commerce. Nearly every foreign nation shipped 
goods into the country and dumped them promiscuously on our 
wharves. The consequences followed which never fail to follow 
such a state of things. Competition on the part of our manu- 
facturers was at an end. They were bankrupted and beggared. 
The merchants whose importations had ruined them were in- 
volved in the calamity. Farmers, who had longed to buy foreign 
merchandise cheap, went down in the vortex of general destruc- 
tion. Said a statesman of the day, ** The people of America 
went to war to improve their condition and throw off the burden 



80a PROTECTION AND FREE TRADE. 

which the colonial system laid on their industry. And when 
their independence was attained they found it was a piece of 
parchment. The arm which had struck for it in the field was 
palsied in the workshop ; the industry which had been burdened 
in the colonies was crushed in the free States ; at the close of the 
Revolution the mechanics and manufacturers of the country 
found themselves, in the bitterness of their hearts, independent — 
and ruined. Carey further says : " The drearns of riches from 
excessive importations suddenly came to a close like those of 
1815. The nation had no mines to pay her debts. Industry, 
the only legitimate and permanent source of individual happi- 
ness and national wealth, power and resources, was destroyed as 
it has recently been by the influx, and finally by the depreciation 
of the price, of imported articles." Webster thus depicts the 
situation : " From the close of the Revolution there came a 
period of depression and distress. . . . Ship-owners, ship-build- 
ers, mechanics, artisans, were destitute of employment and some 
of them of bread. The cheaper labor of England supplied the 
inhabitants of the Atlantic coast with everything. Ready-made 
clothes, among the rest, from the crown of the head to the soles 
of the feet, were for sale in every city. All these things came 
free from any general system of imposts." 

The entire mercantile community began to see that England 
and other foreign countries were about to control our external 
trade and internal industry. Every packet ship carried away 
thousands of dollars in money, till there was none at home to 
operate with. Our only products, those of the farm, were a 
drug, and husbandry was full of bitter disappointments. There 
would be a change. 

The change came. Pamphleteers arose without number. 
Newspapers took up the subject. Merchants, business men, 
farmers, statesmen, all united in the cry, " We have had enough 
of free trade. It means utter neglect of ourselves, and virtual 
sale of our energies and resources to older and better equipped 
nations. We have political independence : we must have indus- 
trial and commercial independence, else the victory of these 
nations over us will be greater than our recent victory over 



PROTECTION AND FREE TRADE. 81^ 

them." They saw what John Stuart Mill afterwards incorporated 
in his Principles of Political Economy: "What prevented the 
rapid recuperation of the United States, after the peace of 1783, 
was the system of free foreign trade, allowed to add its devasta- 
tions upon industry to those of the Revolution." Educated by 
a dreadful experience, it became clear to all parties that the 
power of industrial and commercial protection, so fatally absent 
from the Articles of Confederation, must repose somewhere. 
Of all thoughts which impelled toward a Constitution, this was 
the strongest. Says Bancroft, " Four causes, above others, ex- 
ercised a steady and commanding influence. The new republic, 
as one nation, must have power to regulate its foreign commerce ; 
to colonize its large domain ; to provide an adequate revenue ; 
to establish justice in domestic trade by prohibiting the separate 
States from impairing the obligation of contracts." 

END OF FREE TRADE.— Yxom this time on till the Con- 
stitution became a fact, both political and business sentiment 
urged not only a stronger government, but one full of the paternal 
instinct, able and willing to defend and encourage home industry 
and all home interests. State responded to State in this behalf, 
and statesmen echoed the plaints and pleas of statesmen. A 
most assuring phase of the situation — one in strange contrast 
with that of to-day, considering the opportunities for information 
— was the unanimity of artificers, mechanics, and workmen in 
demanding, through public meeting and published resolution, 
exemption from the degrading and ruinous competition forced 
upon them by the free and inordinate influx of foreign wares, on 
whose home manufacture they depended for a living. 

What was deemed •sufficient for all the purposes of a new and 
more vigorous government found a place in the Constitution, 
Sec. VIII., clause I; " Congress shall have power to lay and 
collect taxes, duties, imposts, and excises, to pay the debts and 
provide for the common defense and general welfare of the 
United States." At the same time, in order to insure the States 
against apprehension, and secure to them perfect interchange- 
ability of their goods, and free internal commerce, it was ordained 
that Congress should never have the power to levy ** a tax or 
duty on articles exported from any State." 
39 



82a PROTECTION AND FREE TRADE. 

NATURE OF THE NEW POWERS.— Thus endowed, the 
new government started on its career. The writers of the Fed- 
eraHst saw enough in the above clauses to assure their country- 
men that the protection they required for their infant industries 
could now be guaranteed. As if by magic, the commercial and 
industrial situation began to change from one of gloom and de- 
pression to one of hope and activity. Says Bishop, " That the 
productive classes regarded the Constitution of 1787 as con- 
ferring the power and right of protection to the infant manufact- 
ures of the country is manifest from the jubilant feeling excited 
in various quarters upon the public ratification of that instru- 
ment." The first petition presented to the first Congress (March, 
1789) came from 700 mechanics, tradesmen and others, of Bal- 
timore, lamenting the decline of manufactures since the Revolu- 
tion, and praying that the efficient government with which they 
were then blessed, for the first time, would render the country 
" independent in fact, as well as in name," by early attention to 
the encouragement and protection of American manufactures and 
by imposing on " all foreign articles which could be made in 
America such duties as would give a decided preference to 
their, labors." Fisher Ames said in his debate on the first tariff 
bill (1789), "The want of an efficient government to secure the 
manufacturing interests and advance our commerce was long 
seen by men of judgment, and pointed out by patriots solicitous 
to promote our general welfare." Rufus Choate said, in 1842, 
" A whole people, a whole generation of our fathers, had in view, 
as one grand end and purpose of our government, the acquisition 
of the means of restraining, by governmental action, the impor- 
tation of foreign manufactures, for the encouragement of manu- 
factures and labor at home, and desired and meant to do this by 
clothing the new government with this specific power of regulat- 
ing commerce." And Webster, in 1833, "The protection of 
American labor against injurious competition of foreign labor, 
so far, at least, as respects general handicraft productions, is 
known historically to have been one end designed to be obtained 
by establishing the Constitution." Says Tucker, in his History 
of the United States, " Merchants and ship-owners confidently 



PROTECTION AND FREE TRADE. g^^, 

expected protection from the discriminating duties and naviga- 
tion laws of other countries ; the manufacturing class hoped for 
the encouragement of a protective impost; the agricultural class 
expected to share in the general prosperity." Leagues were 
formed in various cities for the purpose of urging on Congress 
an interpretation of the new powers conferred by the Constitution, 
in the interest of protective encouragement. Charleston ship- 
wrights followed the artisans of Baltimore with petitions to the 
first Congress. Similar petitions came in from Boston and New 
York. 

The history of an almost universal sentiment at this time 
shows that the constitutional clause relating to " duties and 
imposts," and to provision for the " common defense and general 
welfare " had a well-understood meaning. There was no doubt 
about the power of the government to " raise revenue," and none 
about its right to frame a code of duties " for the regulation of 
commerce ; in other words, a tariff, protective or prohibitory, as 
the case might be." This was the English thought of the power 
as exercised at home, and it was the English phraseology when 
it wished to convey such power by statute. Hamilton so under- 
stood it: so did Franklin^ Madison, Jefferson, and Monroe. 
Gallatin, a pronounced free trader, said he found such to be the 
universal opinion of statesmen, on his entrance into public life. 
There was no such refinement as afterwards existed, and as is 
claimed by some, still exists, to the effect that the power to raise 
revenue by a tariff does not carry the power to protect manu- 
factures and general industries. 

TARIFF AND FREE TRADE LEGISLATION. — With 
this interpretation of the Constitution, and under existing circum- 
stances, the first Congress would have been a disappointing, if not 
recreant one, had it not come promptly to the rescue of the 
country with a tariff enactment. It was the first general bill 
passed by the first Congress (the first bill passed was one pre- 
scribing an oath of office), and reflected in its preamble the 
sentiment then prevalent : " Whereas it is necessary for the 
support of the government, for the discharge of the debts of the 
United States, and for the encoiiragemeni and protection of manu- 



84a PROTECTION AND FREE TRADE. 

factures^ that duties be laid on imported goods, wares and merchan- 
dise, etc!' Statesmen North and South gave their sanction to 
this comprehensive preamble. The bill invited debate of the 
widest range. It is notable that the learning brought to bear on 
its contents and merits has not been surpassed in future discus- 
sions of the same subject. It not only bore on all the economic 
phases of the question, but was exhaustive of the principle above 
alluded to, that the Constitution designed to secure to infant 
manufactures and struggling industries of the country the very 
protection they needed, against the riper experience and cheaper 
labor of Europe. 

And as proof of the prevalence of the protective sentiment, we 
hear nothing from the opponents of this first bill in opposition to 
the necessity for protection, nor to the fact that tariff legislation 
of this kind was the best, if not the only known means, of 
fostering home industry. All opposition of moment was as to 
the method to be pursued. Such opposition came from those- 
who were timid about too liberal a construction of the Consti- 
tution, and fearful that the States might thus early commit 
themselves to a policy which would rob them of their rights. A 
similar proof is furnished by the manufactures and industries 
deemed worthy of encouragement. They embraced the iron and 
steel of Pennsylvania, the glass of Maryland, the cotton, indigo 
and tobacco of the South, the wool, leather, paper and fisheries 
of the East. The act was, in addition to its revenue phases, a 
thoroughly protective measure, there being scarcely an article 
introduced into it whose freedom from foreign competition was 
not sought, and the desirability of whose home growth or pro- 
duction was not clear. It was imperative legislation in every 
sense, but especially so as tending to meet the English boast 
that while America had achieved political independence, it had 
been reconiquered commercially, and was a more helpless and 
useful appendage in this sense than before. The act, there- 
fore, was a second declaration of independence, far more valua- 
ble to the government and people for the spirit it evinced and 
the possibilities it contained, than for the mild duties it im- 
posed. 



PROTECTION AND FREE TRADE. 



85a 



This act was followed by Hamilton's report (1790) on com- 
merce and manufactures, which emphasized the principle of 
protective legislation, embodied all the learning and experience 
furnished by the respective nations touching the subject, more 
than ever committed the budding nation and universal party sen- 
timent to the operations of the act, and has ever since proved a 
well of information for students of political economy. As to the 
tendency of protection to foster monopoly, an argument much 
used in after years, he enunciated the principle which long prac- 
tice has proved to be correct, that internal competition would be 
found an effectual corrective of monopoly and would in the end 
give even a lower scale of prices for home manufactures than 
could prevail for foreign. 

His interpretation of the powers conferred on the government 
by the clause authorizing taxes, revenue, and the right to pro- 
vide for the common defence and general welfare, has never been 
excelled in perspicuity. All political parties have confidently 
reposed on it whenever they needed support for liberal construc- 
tion views, and it may now be said to prevail without regard to 
party lines. 

The act of 1789, and the report of 1790, were the beginning 
of historic and practical protection in the United States, which 
continued, with such ebb and flow as circumstances demanded 
or for the time being excused, up to 1828. There were many 
minor or amendatory tariff acts, most of which have been noted 
in the previous chapters of this book, whose object was to 
remodel existing acts without affecting the protective principle. 
These dot our entire tariff history and need not be referred to 
here. The first commanding act after that of 1789 was what is 
known as the " Tariff of 18 12." Madison had urged revision in 
his message. Calhoun, Lowndes, Clay and others sought, in 
such revision, their opportunity to formulate what afterwards be- 
came the "American System," and which embraced, in substance, 
full protective power on the part of the government, with the 
additional thought that such power should no longer be exer- 
cised as secondary to the power to raise revenue. The act was 
a sweeping one, and raised the duties then existing quite one 



SQa PROTECTION AND FREE TRADE. 

hundred per cent., while it fixed a discrimination of ten per cent, 
on goods imported in foreign vessels. 

Though this act, in conjuction with the further encouragement 
to infant industries occasioned by the diminution of imports dur- 
ing war times, gave an impetus to domestic manufactures they 
had never before experienced, the measure was regarded as too 
radical by the sections largely interested in shipping. The reac- 
tion which naturally followed resulted in the tariff of 1816, 
which was a wide departure from the rates of 1812, but which 
still retained many protective features. Mr. Webster, and in 
general statesmen from the East, regarded the higher rates as 
oppressive to the home-carrying trade. Clay and Calhoun in- 
sisted that this branch of industry should bide its time, with the 
certainty of greater activity and profit once our manufactures 
had had time to grow under the fostering care of the govern- 
ment. The time proved inopportune for such reduction of duties 
as the act brought. A financial crisis came. Industry of every 
kind lagged and dwindled. Blight and ruin came upon the 
country. 

A remedy was sought in the tariff act of 1824. Calhoun had 
deserted Clay and joined Webster, but his place was ably filled 
by Buchanan, of Pennsylvania. By this time a distinctive free 
trade thought was abroad, especially in the minds of those who 
represented the Southern planting interests and who, now that 
slave labor had come to be regarded as essential to cotton- 
raising, could not consistently foster the paid labor of the North. 
The result of the struggle, pending which President Monroe in- 
clined to the side of Protection and Internal Improvement, was 
a distinctive affirmation of what was now known as Clay's 
''American System." Duties were not restored to the high 
grade of 18 12, but the protective features of the bill were con- 
spicuous. 

Encouraged by their success and by the improved condition 
of the country under the operations of this act, its friends rallied 
to the support of the tariff of 1828, whose leading feature was a 
duty on wool and other raw materials, and therefore a more dis- 
tinct introduction of the protective idea than had yet occurred. 



PROTECTION AND FREE TRADE. 87^ 

It has become historic as the turning-point of New England sen- 
timent respecting the protective system, Webster being found 
among the champions of the act ; and hkewise as the beginning 
of that opposition on the part of the South which afterwards 
(1832) took the form of nulhfication. 

This act led to bitter political turmoil and to the expediency 
act of 1832, which greatly scaled the duties of 1828, and of the 
intermediate act of 1830, but which was yet offensive to Cal- 
houn and the nullifying sentiment of the South, because it con- 
tained no repudiation of the protective policy. Clay's weakness 
for compromises culminated in the conciliatory act of 1833, 
which became known as the sliding scale tariff, because it pro- 
vided that there should be biennial reductions of the rates of 
1832, till at the end of ten years a uniform rate of twenty per 
cent, prevailed. This act was a practical abandonment of the 
protective principle. It was notice to the people and the world 
that the United States had departed from its early policy of 
fostering home industry and paternally caring for its internal 
development. Tariff was fully afloat on the sea of politics. 

The financial crash and industrial crush which came in 1837, 
united with the political revolution in 1840, which left the Whigs 
in the ascendant both as to the Presidency and the Congress, 
gave them an opportunity of again testing the merits of pro- 
tection, which, as a policy, found now an abiding-place in the 
bosom of their party only. True, they were helped by members 
of the opposition representing manufacturing sections, but they 
were also opposed by some of their members representing plant- 
ing sections. The act of 1842 was nevertheless a Whig measure, 
and was at first designed to be protective, but under the hostility 
of Tyler, who mercilessly used his veto, it was well-nigh shorn 
of its protective features and provided a schedule of rates lower 
than those of 1828. Such as it was, it sufficed to lift the cloud 
of depression which hung over the country and introduce an 
era of prosperity and, cheerfulness not witnessed since 1832. 

So efficacious had this act proved that all parties took advan- 
tage of it during the election of 1844. Democrat and Whig 
were committed to it, and, if anything, Democratic pledges were 



88a PROTECTION AND FREE TRADE. 

the loudest and longest. But the South made a savage and 
persistent attack on it. Mr. Polk could not get away from his 
section and his friends therein. The Vice-President, Mr. Dallas, 
did not dare break with the administration of which he was a 
part, and which he hoped to succeed. The tariff of 1846 was 
on, and had drawn a tie vote in the Senate. It had been framed 
so as to introduce ad valorem for specific duties, and as a strictly 
revenue tariff without the incident of protection. It was there- 
fore free trade, as far as such a thing had gone as a party tenet. 
It was passed by the casting vote of Dallas, much to the chagrin 
of his Pennsylvania political friends, and in clear violation of the 
pledges of the campaign. 

While this action led to the Whig successes of 1848, the 
tariff legislation of 1846 escaped interference, a state of affairs 
which existed up till 1857, the close of Pierce's administration. 
Then under Democratic auspices the act of that year (March 3) 
was passed, which emphasized the free trade policy, and as the 
sequel proved, struck the country a cruel blow by reducing 
duties to the standards which prevailed before the war of 1812, 
and had not been reached since, except at the end of the sliding 
scale of 1833. The one excuse for its passage, to wit, the 
redundancy of revenue, was speedily met by excessive importa- 
tions, a paralysis of industry, and an exhaustive outpour of the 
specie of the country. Six months after its passage the country 
was in the midst of such a panic as it had never witnessed. 
No branch of industry escaped. The ruin was universal and 
deep. 

What had been a paramount Whig doctrine now passed to 
the new Republican party. Judicious use of it in the campaign of 
i860 aided the political revolution of that year. It was a period 
of war and of liberal construction measures. The tariff of 1861 
was natural to the party and the situation. It increased duties 
all along the line of imports, and reintroduced the protective 
principle which had prevailed during the first forty years of the 
government. This principle has remained undisturbed ever since 
so far as the forms of law could preserve it. It finds con- 
spicuous place in the subsequent amendatory acts, as well as the 




Cotton seed first planted 
at Jamestown 1621 ; first 
planted in the Carolinas 
1733; in Georgia 1734; 
in Louisiana 1742. 

Cotton first exported from 
Charleston 1747. 

Whitney's Cotton Gin in- 
vented 1793. 



Cotton 
Production. 
Year. Bales. 
1791 — 4,000. 
96,000. 
1 82 1 — 360,000. 
1831 — 103,848. 
1835—1,254,328. 
40—2,177,835. 
1845—2,394,503. 
1850 — 2,096,706. 
•2,847,339. 
•4,669,770. 
•no record 
s — 2,193 
1870—3,154,946 
1875—3,832,991. 

5,757,397- 
6,589,329. 

32-5,435,845- 
■ 6,959,000. 

^—5,714,052. 
55—5,669,021. 
1886 — 6,550,215. 
7—6,513,623. 



^p 




^^E 


'AM 


^K^^ 




^P 


tH^^^ 




COTTON INPUSTRIES OF THE UNITED STATES. 



y9c^ 



90a PROTECTION AND FREE TRADE. 

leading tariff acts of 1874 and 1883. Of this last it must be 
said, it was the result of a non-partisan commission appointed 
to inquire into existing acts with a view of correcting their incon- 
gruities, and readapting tariff rates to our newer and wider 
diversified industries. In obedience to a spirit of reform, and in 
accord with a sentiment against prohibitive rates, or even pro- 
tective rates as to established industries, it, after the fullest in- 
quiry, recommended measures which looked to a reduction of 
duties to the extent of twenty-five per cent., on some articles 
more, on some less. The act which was passed did not embrace 
all the recommendations of the commission, but its report was 
the basis of the bill. Enough time has not elapsed to test the 
exact amount of reduction to be effected by the act, but it will 
not reach the anticipated twenty-five per cent. Possibly this 
fact may have emboldened the efforts of the Democratic party in 
the Forty-eighth Congress (1884) to accomplish the reduction 
contemplated in the Morrison bill, which sought to make protec- 
tion an incident of revenue, and to reduce the rates of the act 
of 1883 a sheer twenty per cent., without regard to the age, 
character, or condition of the industry interested. This bill, 
which came to be known as the " Morrison horizontal reduction 
bill," did not command the united support of the party. Its 
title was stricken out, and it therefore fell, by the vote of some 
forty Democrats who united themselves to the opposing Repub- 
licans. 

FOR AND AGAINST.— The earliest anti-protection or free 
trade argument was as to the constitutional right to protect. 
This may be said to have passed away. The second great free 
trade argument was that protection fostered monopoly. This 
was Calhoun's standing argument. He saw that it enured more to 
the benefit of free paid labor than to slave unpaid labor ; in other 
words, that its legitimate effect was encouragement of manu- 
facturing as against planting industries ; that is, the industries 
which involved invention, skill and competition, as against those 
which did not. He was right. But the thought of denouncing 
that as monopoly which concerns a whole people would be too 
idle for support to-day. The word and the argument are still 



PROTECTION AND FREE TRADE. 91^ 

heard, but as the last resort of those who do not understand 
their origin in tariff discussion, nor their logical effect under 
changed industrial conditions and attitudes. 

The free trade argument that protection tends to higher prices 
was met by Hamilton theoretically, and is now met by protec- 
tionists with indubitable evidence to the contrary. They are in 
general not without fact to vindicate themselves. They point to 
the fact that American manufactures of cotton which sold before 
the protective tariff of 1824 for 24 cents a yard were reduced 
under that tariff to 7^ cents. They point — we can only give a 
few out of many instances— to the fact that under protection our 
cotton textiles are found in the best Oriental and South American 
markets, and that England has to resort to an adulteration of 
similar manufactures in order to compete with us in price. They 
point to the fact that under protection we have acquired a per- 
fection in the manufacture of edge tools and agricultural imple- 
ments which enables us to compete with the English home 
market. They point to the fact that so long as England sup- 
plied us with, and had a monopoly of, Bessemer steel rails, the 
price in gold was ;^I50 per ton, and that since this manufacture 
has assumed its present proportions in this country under pro- 
tection, the price has fallen to ^40, to say nothing of our home 
development, industrial independence, and the disbursement of 
countless millions to American laborers. 

All this is actual. They argue the same as to relative cost. 
In the early days protection advanced prices, because industries 
were not sufficiently numerous to invite the wholesome com- 
petition which now prevails. But if prices advanced, so did 
labor, so that there was money to buy necessaries. During the 
low prices under the tariff of 1833, and during the panic of 
1837, labor was stricken, and lay crushed with the general wreck. 
When prices revived under the tariff of 1842, so did the price 
of labor, and so it declined with the decline of prices in 1857. 
The point is that cheapness or dearness is relative. That well- 
paid labor can purchase more in a market where prices are 
raised by tariff duties than underpaid labor, because the 
necessaries of life are as a rule exempt from duty. That labor 



92a PROTECTION AND FREE TRADE. 

cannot be well remunerated when our markets are cheapened by 
foreign competition, and when the capital which should be in^ 
vested at home is drawn off to pay for imported articles. 

The abstract argument in favor of free trade is, that trading is 
a natural right — the world a market. That some countries can, 
by natural fitness, certainly and always produce a class of goods 
cheaper than others, and that it is wrong to prevent, by legisla- 
tion, their general sale and a general opportunity to take advan- 
tage of their cheapness. To this the protectionist replies that 
he fully recognizes this law of trade, and is willing to see it 
operate just so far as the goods or articles in question do not 
compete with similar articles, or the possibility of the production 
of similar articles, in his own country. That as to tea, coffee 
and such things as cannot be produced here, they are, and ought 
to be, free of duty, unless forsooth simple revenue requires such 
duty ; but that as to the products of other nations, whose cheap- 
ness has been brought about by the long practice of hard pro- 
tective systems, or by social and political degradation of the labor 
which enters into them, it becomes the highest duty of the gov- 
ernment to avoid competition with them, that our own labor may 
live and our own capital find employment. The protectionist 
admits that this is selfish, but claims that it is the selfishness 
which all peoples have to exercise in order to exist, and further 
that it is the selfishness of the law which subordinates the rights 
of the few to the rights of the many, or the rights of enemies to 
those of friends. 

To the argument that other countries practice free trade, the 
answer is that free trade is not known among nations except in 
theory. That the modern drift of economic practice is against it. 
That England, who has set up to convert the world to free trade, 
is not herself a free trade nation, but by means of a tariff on 
wines, spirits, tobacco, and other articles she calls luxuries, 
gathers a revenue sufficient for her wants. That in the past 
twenty years, and long after she declared free trade to be the 
rule as to her manufactures, she protected her commercial 
marine by the payment of direct subsidies, till France, Italy and 
Germany were compelled to do the same, and this country has 



PROTECTION AND FREE TRADE. 93^ 

been made to see the folly of not doing it, by the loss of her 
carrying trade. 

The free trader claims that while some articles are cheaper by 
reason of our ability to manufacture them, the greater number 
are not, and cannot be. The protectionist says this is not abso- 
lutely desirable at present. That it ought to be a patriotic pride 
with an American to pay more for a home-made article than for 
a foreign one, the quaHty and utility being the same. That he 
will be more than repaid for the difference by the fact that he 
has thereby encouraged a home industry and contributed to a 
home market. That every cent which thus goes out of a man's 
pocket is a contribution to the comfort of his surroundings, to 
the happiness of his neighbors, to the erection of homes, to the 
welfare. of labor, to the building up of a home market for cattle, 
wool, wheat, corn, butter, cheese, etc., for which there would not 
otherwise be a demand, or, if so, one so remote and foreign as to 
rob him of all profit by the cost of transportation, not to say the 
cost of intermediate agency. 

A school of free traders who are really protectionists, and of 
protectionists who are really free tradei-s, have pretty nearly 
agreed that the true measure of protection is found in the differ- 
ence between the cost of an article at home and abroad. They 
say that this cost represents labor, and this difference the differ- 
ence in the price of labor, and that when this difference is covered 
American labor has all the protection it can ask or ought to 
have. The straight-out protectionist says this is illusory. It 
leaves capital out of the question, which is even more timid than 
labor. It further compels an adjustment which is impracticable, 
for the reason that labor is differently paid in all older countries, 
and because the political and social institutions of those countries 
are different. Where caste prevails, the laborer has no induce- 
ment to rise above his station, and is content to take his stipu- 
lated wage, however low it may be. But here he is a man, a 
voter, has every encouragement to rise himself and see his chil- 
dren rise. He has, or may have, social caste, which he is in 
duty bound to sustain. That therefore labor conditions are not 
the same, and any argument based on simple differences of labor 



94a PROTECTION AND FREE TRADE. 

prices is unfair. Our standards ought not to be based on those 
abroad, but should be subject to the laws of supply and demand 
at home. Hamilton's idea of protection was that it did not, and 
should not, invite competition of any kind from abroad, but that 
it depended for its equity and success on the competition it 
created at home. This was his answer to all argument that it 
favored monopoly, and it was equally an answer to the argument 
that either our labor or capital should be subject to foreign 
standards, or be gauged by foreign rules or conditions. The 
free trade argument that protection tends to overproduction in 
the United States, and to periods of depression and panic, is 
answered by square denial. England is as subject to periodic 
visitations of glut and depression as this or any other protective 
country. The - facts are on the side of the protectionist. The 
year 1884 was a period of depression in the iron trade. With 
those who look no further, the cry of over-production by reason 
of too much protection answers for argument. But every iron- 
producing country in the world was then subject to the same de- 
pression, let the reason for it be what it may. And the English 
iron trade was as much, if not more, depressed than all. The 
logic of the free trade situation required that she should be 
exempt. And just here the protectionist uses with most vigor 
the historic arguments at hand. He points to the fact that the 
repeal of protective laws has inevitably resulted in depression 
and disaster, and that a return to them has eventuated in renewed 
prosperity and confidence. This is certainly true of the periods 
designated by 1819-24, 1837-42, 1857-61. 

The panic of 1873 is the only historic exception, and this was 
due not to those legitimate and sober relations between capital 
and labor which protective or free trade legislation is supposed 
to effect, but to speculative ramifications incident to a redundant 
currency, the direction of wild, unsettled, post-war energies into 
new and unknown channels, and the sudden recall, by the 
Chicago and Boston fires, of ^250,000,000 of capital to other and 
imperative uses. How long protection postponed the panic, no 
free trader has agreed to tell. Nor has any one condescended 
to inform the world how much of the speedy and substantial re- 



PROTECTION AND FREE TRADE. 95^^ 

covery from its ruinous effects was due to the presence of a 
liberal protective system. 

But as to this panic, these things are purely local. The laws 
of economy do not permit simply a home search for cause? 
which were pervasive of the commercial world. The panics of 
1 8 19, 1837 and 1857 were confined to this country. That of 
1873 was general, and far more disastrous in Europe than here. 
Twelve hundred millions of our bonds were held abroad. 
Stringency there caused a refusal of further credit. The seeds 
of contagious panic were sown broadcast. It was a matter of 
credit and not of industry. Indeed, our mills did not stop at 
all, or as in other panics. Banks did not break so numerously. 
Internal commerce was sustained. All recuperative forces had 
play, and the rescue was prompt. We even got rid of hamper- 
ing foreign debt. Economy became a rule. We sold more 
than we bought because we did not, owing to high tariff rates, 
become a dumping ground for foreign manufactures, as after the 
Revolution and the war of 18 12. Many have said the panic of 
1873 was a blessing. 

As to the American farmer, the free trader is content with the 
argument that he ought not to be made to pay high prices for the 
commodities he uses. The protectionist points to the fact that 
all manufactured commodities are on an average twenty-five per 
cent, cheaper than before i860, and that then some eighty per 
cent, of them were made abroad and twenty per cent, at home, 
while now eighty per cent, are made at home and twenty per 
cent, abroad. Even if prices for these manufactures were the 
same, the farmer has gained by protection the advantage of a 
home market for his produce, that is, a saving to the extent at 
least of the cost of transporting it to markets three to five 
thousand miles away. Transportation is always dead loss. Our 
home market is the one the farmer should foster. It is certain, is 
at his door, is growing as fast as our own manufactures, is already 
large enough to consume eighty per cent, of our wheat and 
ninety-two per cent, of our corn, and even as to our surplus is 
being fast forestalled by the English design to get cheap food 
for her workmen through Australian and East Indian wheat. 



96a PROTECTION AND FREE TRADE. 

It is impossible to follow the many minor arguments used by 
free traders and protectionists. Nor is it necessary. Many of 
them are individual, many shaded to suit party bent, many 
demagogic. It is equally impossible to go through the hard chap- 
ters of political economy, written to prove the absolute rectitude 
of either free trade or protection. Whatever may be said of 
them as abstract questions, nations are relative. They exist and 
prosper by their relations. Independence and prosperity are de- 
sirable. This country had to face the problem of political inde- 
pendence. Peace was beautiful and desirable, but peace meant 
humiliation, subserviency. The protective agency of horrid war 
had to be evoked. Political independence was the beginning of 
a grand commercial and industrial battle. We have learned to 
trust the agency of protection to win this victory also. It is the 
old question, in another form, of peace and subordinancy, or legal, 
industrial war and second independence. The weapons of Great 
Britain alone are countless millions of capital and machinery 
equal to the labor of seven hundred millions of men. We must 
meet this mighty menace, or suffer overthrow. To exist indus- 
trially we must earn the right to exist. Eternal vigilance is the 
price of our industrial liberty. If overcome in the struggle, let 
it not be said of us that we were too spiritless or too fond of 
dreams to try the arts of protection which have raised other 
nations to opulence and commercial independence. 

The modern era of American protection began with the tariff 
of 1 86 1. It was slightly affected by the Act of 1874, and further 
by the Act of 1883. The latter Act enlarged the free list and 
lowered duties on many leading articles. It was designed to 
reduce the income from customs about ;^25, 000,000. This it did 
not do. For three or four years there was a material reduction, but 
by 1888 the income was as high as in 1883, or about ;^2 14,000,000. 
It would seem, therefore, that as an economic fact the lowering 
of rates of duty does not necessarily eventuate in a reduced 
income from customs. 

This era is worthy of profound study by all economists, for it 
has answered many questions respecting tariff and free trade. It 
has witnessed the roots of protection sinking deeper and deeper 



PROTECTION AND FREE TRADE. 97^ 

into our industrial and commercial system, and becoming an 
essential part of it. It saw without alarm the insertion of a 
clause in the Constitution of the Southern Confederacy prohibit- 
ing forever the duties on imports, which clause was by no means 
unnatural considering the necessity for propitiating foreign senti- 
ment, the fact that the same Constitution provided for unpaid 
labor, that a single product of the soil was to enlist the energy 
of the people, and that home manufactures were not contem- 
plated. It braved attack by theorists, politicians and parties at 
at home, and by secret enemies abroad, and only yielded to 
modification at the hands of its friends, and when the occasion 
seemed proper. During ten years of Democratic ascendency in 
the national House of Representatives it was impossible to carry 
through even so apparently innocent a measure as the Morrison 
twenty per cent. " horizontal reduction " bill, yet the tariff of 
1883 became possible by reason of the small and temporaiy 
Republican majority in the Forty-seventh Congress. 

This era has developed a policy of protection, which is, that 
the proper duty to impose on an imported article is one which 
most nearly equalizes the labor that enters into its production. 
Thus the old questions of monopoly, of making the " rich richer 
and the poor poorer," of discriminating in favor of the few and 
against the many, have largely resolved themselves into the 
single question of protecting American labor. It is well known 
that labor in Great Britain and on the Continent of Europe is 
from one to two hundred per cent, lower than here, and a large 
part of the economic statistics gathered abroad for the past few 
years by our consuls and others have been for the purpose of 
showing precisely the difference between American and Euro- 
pean labor as it enters into specific articles of manufacture. The 
era has enabled both economists and politicians to run instruc- 
tive parallels between the respective protective epochs of the 
country and to draw still more valuable contrasts between the 
free -trade and protective epochs. What followed the low tariffs 
of 1 8 16, 1832 and 1846 can be safely counted on as following 
similar sweeps toward free-trade— closed mills, furnace fires out, 
farmers bankrupt, the laborer a tramp, disaster and ruin every- 

40 



98a PROTECTION AND FREE TRADE. 

where. The protectionist claims this result to be inevitable, a 
law established by early experience and absolutely confirmed by 
later. He points with fervor to the vindication of his most san- 
guine theories which this era affords — -to the factory doubling 
the price of adjoining farms ; to the village growing by the mill 
and bursting into a city; to the railroad and new marts of trade; 
to quick and almost universal intercommunication ; to the de- 
velopment of our incalculable natural resources, and to our vast 
manufactures better than any in the world, and as cheap save 
only in the wages which enter into them. And he triumphantly 
claims that if the duty on importations is the bounty to labor 
which lifts it above the degrading and dangerous conditions of 
Europe, and enables our artisans to retain their self-respect and 
independence, it is the Republic's best investment. 

This protective era had lasted for more than a quarter of a 
century without serious disturbance when, at the beginning of 
1888, it witnessed a closer disposition of the protection and free- 
trade lines and bolder and squarer fronts than ever before in our 
political history. This came about by reason of the annual mes- 
sage of President Cleveland to the Fiftieth Congress in Decem- 
ber, 1887. This celebrated state paper was devoted almost 
wholly to the tariff system and tariff laws, and was very decided 
in its opposition to the principle of protection as well as to ex- 
isting rates of duty on wool and all articles ranking as neces- 
saries. The message had the excuse of a superabundant revenue 
which all political parties were anxious to reduce, but respecting 
methods of doing which they were wide apart. Whatever other 
excuse it had must be looked for in the President's solemn econ- 
omic convictions, or else in the necessity for a decided and affirm- 
ative party polity. 

The outcrop of this message is an historic study. It was an 
earnest, candid paper, and its form of presentation as well as its 
time declared it to be in the nature of an address to the Ameri- 
can people through their representatives in Congress assembled. 
It therefore had all the weight of a deliberate and special an- 
nouncement. Its reasoning was that which has already been 
given in this history as common to free-traders — the tariff system 



PROTECTION AND FREE TRADE. 99a 

was " vicious, inequitable and illogical ; " it tended to monopoly ; 
it made consumers pay for necessaries a price 'equal to the cost 
of production plus the duty; it was an unnecessary system as 
then sustained, since the government had more revenue than it 
could use. 

The immediate and visible effects of the document were three- 
fold. 1st. It was accepted with great pleasure by the free-traders, 
who received from it an amount of encouragement such as had 
not been extended by any administration since 1846, if ever. 
Without reference to the conclusiveness of its logic, they accepted 
it as foreshadowing an agreeable line of policy for the adminis- 
tration and the party, and as inviting a trial of political strength 
between the free-trade and protection doctrines pending the next 
presidential election. So regarding it, they, with becoming 
frankness and in a spirit of jubilation, hailed it as marking if not 
the end of the protective era at least the beginning of an epoch 
in which they could assume an active affirmative without the 
usual clogs of political policy and hindrances of party expediency. 
There was henceforth to be nothing vapid or dream-like in their 
proclamations nor disguised in their attitude. Their press praised 
the President for his manly utterances and the message became 
oracular from their standpoint. 

2d. A second immediate effect of the message was that pro- 
duced in England and reflected back to us almost instantly by 
cablegram and newspaper. Historically, economically, politi- 
cally, indeed, however considered, this effect is most serious to 
us as showing a schooled impression of the significance of such 
a departure as the President's message indicated, as well as 
showing the deep warmth of admiration inspired in the bosom 
of free-trade England by American acceptance and inculcation 
of her commercial theories and industrial practices. But let this 
foreign free-trade sentiment speak for itself 

It may be taken for granted that the President has not acted without previ- 
ously consulting the leaders of the Democratic party and securing their approval. 
He and they have taken up again the old free trade policy of the South Carolina 
politicians, unconnected with what, in the jargon of American politics, was called 
the sectional question. — Saturday Review. 

His terse and telling message has struck a blow at American protection such as 
could never have been struck by any free trade league. He has fired a shot at pro- 



100a PROTECTION AND FREE TRADE. 

tectionists which will be all the more effective for his refusal to discuss the theoretic 
issue. — The Spectator^ 

When the inevitable consequences of adherence to a protectionist tariff are set 
forth by a man in Mr. Cleveland's position in the language which he has used, free 
trade becomes at once a living issue. — London Standard. 

It is calculated that to give effect to Mr. Cleveland's policy, duties to the extent 
of ^80,000,000 a year, or two-fifths of the entire customs revenue, must be surren- 
dered. This may not establish "free trade" in the strict sense of the term, but it 
will to a great extent make trade free. — London Times. 

We must regard the message of the President of the United States as being a 
distinct pronouncement in favor of free trade. — London Post. 

To convert the United States is indeed a triumph. The Cobden Club will hence- 
forth set up a special shrine for the worship of President Cleveland, and send him 
all its publications gratis. Cobden founded free trade; Cleveland saved it. — Cable- 
gram to N. Y. Herald signed "A Member of Parliament,^' 

His real meaning is that the scheme by which the artificial fabric of domestic 
enterprise has been built up in America is fundamentally vicious. He demands in 
effect that there should be a tariff for revenue purposes only. — London Lronjuonger. 

The message of President Cleveland to the United States Congress is the prelim- 
inary to a movement which, we trust, will gain in strength.— Z)^^ London Iron. 

The facts set forth in the President's message, though not new, are now brought so 
prominently under the notice of the American Congress and the i\.merican citizen 
that a violent stimulus must be given to the party which advocates entire freedom 
of trade. — London Iron and Steel Trades yournal. 

It is certain that another fierce contest is now pending in America over the prin- 
ciples at issue. If it terminates, as is to be hoped it will, in the relaxation of those 
imposts which now vexatiously hamper commercial intercourse between Great 
Britain and the United States, an impetus will be given to our home trade which 
will go far to make up for the depression of late years. — Haddingtonshire (^Scotland) 
Courier. 

"It is a condition which confronts us; not a theory." Precisely so. Similar 
words have been used in this country by Adam Smith, Richard Cobden and Sir 
Robert Peel. President Cleveland has precipitated the inevitable struggle between 
free trade and protection in the United States, and that is tantamount to saying that 
he is on the side of free trade. — Glasgow Herald. 

If once the United States finds herself on the road to free trade she will hardly 
know where to stop, for the principle which President Cleveland, as the head of the 
Democratic party, lays down is really that no import duties are justifiable which are 
not levied solely for revenue. — The Scotsman. 

The tariff reform which the President recommends goes as far, at least, as the 
abolition, or reduction, of duties on raw materials. Should Congress give effect to 
this proposal the immediate result would be an enormous stimulus to English indus- 
try. — People'' s [Dundee) yournal. 

English free traders would be well advised if they moderated the ecstacy of their 
jubilation over President Cleveland's message. Every word which they say in its 
favor will be used as a powerful argument against the adoption of its recommenda- 
tions. — London Pall Mall Gazette. 

3d. The message made a deep impression, amounting almost 
to alarm, on the manufacturing community, while the protection- 
ists, in so far as they found exponents in the leaders of the Re- 
publican party, regarded it as a challenge to contest to the death 
before the people for the supremacy of free trade or protection. 
After the first flushes of surprise, occasioned by so heroic and 



PROTECTION AND FREE TRADE. JQla 

unusual a paper, had passed away, the gauntlet thrown into the 
lists was cheerfully taken up by statesmen and economists, and 
the protective doctrines were carefully overhauled and presented 
anew in the halls of legislation, in magazine and pamphlet, in 
ponderous book and enthusiastic campaign speech. 

What became known as the Mills tariff bill, supposed to have 
been framed for the express purpose of meeting the President's 
views, and which made heavy breaches through the Act of 1883, 
was reported to the House of Representatives about March i, 
1888. It proved to have been hastily and crudely devised, yet 
was anxiously and resolutely pushed by its friends, who saw the 
necessity of committing their party to it before the meeting of 
the Democratic National Convention at St. Louis, June 5, 1888, 
if they expected to secure the renomination of Mr. Cleveland, 
who had made himself their especial favorite. The wars of argu- 
ment /r<? and con made valuable contributions to the literature 
of " Protection and Free Trade," and it is doubtful if any period 
in our political history ever witnessed greater earnestness in dis- 
pute or a firmer determination on the part of leaders to measure 
the strength of their respective parties by protection and free 
trade issues. While the arguments in general were such as we 
have been made somewhat familiar with in this historic review 
of " Protection and Free Trade," those advanced by the Repub- 
licans, who regarded the protective system as their own and the 
subject of direct attack, were given especial freshness and force 
by reason of their familiarity with the questions involved. They 
corrected the President's blunder that 4,000 articles were subject 
to duty by showing that the entire dutiable list did not exceed 
one-third that number. 

To the charges that the tariff was a tax " wrung from the peo- 
ple for the benefit of our manufactures quite beyond a reasona- 
ble demand ; " that manufacturers were '' organized combinations 
to maintain their advantage ; " that duties were " taxes fastened 
with relentless grasp upon the clothing " of the people — the pro- 
tectionists showed that out of our ;^683,4i8,98l of importations 
in 1887, ^233,093,659 came in free of duty, being over one-third 
of the whole, and that this free list embraced goods we could 



102a PROTECTION AND FREE TRADE. 

not produce at home, and which could not compete with our 
own manufactures. They further showed that the ;^450,ooo,ooo 
worth of articles upon which duties were levied were mostly of 
the high-priced kind and ranked as articles of luxury, ornament 
or appetite, such as wines, liquors, cigars, silks, satins, dresses, 
broadcloths, porcelain, statuary, painting, glassware, diamonds, 
etc., the duties on which were paid cheerfully by the rich alone. 
And further, that the value of all the imported articles which 
could possibly affect the comfort of our poor, such as sugar, fruit, 
rice, animals and other food supplies, amounted to only ;^II2,- 
000,000, upon which a duty of ;^65 ,000,000 was collected, but 
that, strange to say, no free trader had been found bold enough 
to insist, first of all, on entire removal of the duties from these 
articles, nor even, secondarily, without providing a government 
bounty for those whose unprotected industry would be destroyed 
by foreign competition. 

The free-traders singled out " raw materials used in manufac- 
tures " as especially worthy of a place on the free list. These 
are wool, flax, hemp, seeds, iron ore, pig-iron, coal, marble, etc. 
They were imported in 1887 to the extent of ;^8o,ooo,ooo, and 
paid a duty of ;^29,ooo,000, or about 36 per cent. — a low relative 
rate. Their claim was that the free importation of these articles 
would protect and benefit home manufactures. To this the pro- 
tectionists answered that the free list already contained $106,- 
389,000 of such articles ; that the above ;^8o,ooo,ooo on which 
duties were still levied were such as came into direct competition 
with the products of 2,000,000 of American farmers and hun- 
dreds of thousands of laborers in shops, mines and furnaces; 
that such duties had been advocated by every President from 
Washington to Polk ; that labor was a prime object of protection 
according to the best protective logic and very latest protective 
policy ; that while these articles were usually classed as raw ma- 
terials by factory-men, they were really not so to the farmer, 
miner and furnace man, for they represented the labor and skill 
of the latter and were as much their completed products as the 
finest outputs of the final manufactory ; and finally, that as the 
principle of protection applied to all labor alike, no good reason 



PROTECTION AND FREE TRADE. 103^ 

could be given why wool should be made free and woolen goods 
protected. Wool is as much the completed article of the farmer 
as cloth is of the manufacturer or the coat is of the tailor ; and 
so pig-iron is as much the completed article of the furnace man 
as the watch-spring is of the shop. If the American farmer is to 
be thrown into competition with the wool grower of Australia or 
Buenos Ayres to the destruction of his fleece and flocks, why 
should the American manufacturer be protected against compe- 
tition with the looms of Manchester and Leeds ? All thought 
of drawing a line between grades of labor or different kinds of 
industries must be reprehensible in the extreme, for that would 
be to foster the very monopoly and class favoritism which free- 
traders had always condemned. 

As to the free-trader's assertion that tariffs were put in opera- 
tion for the benefit of privileged classes, the protectionist replied 
that no system of American protective legislation was ever de- 
vised in the interest of a class, but for the general development 
of the resources and the encouragement of the industries of the 
country. If classes took advantage of the system, or if capital 
was emboldened to go out in certain channels under the system, 
that was a matter which did not concern the prime object and 
could not be controlled by legislation. England's tariff system 
did not build up her landed aristocracy, but tended to break it 
down by increase of her general wealth and its distribution among 
a greater number of persons. 

What particularly intensified the tariff discussions of 1888 
were the facts that President Cleveland not only fairly, fully and 
boldly stated the case of the free-traders in his message to the 
Fiftieth Congress, but fortunately or unfortunately singled out 
certain articles of import as best calculated to prove his argu- 
ments in favor of reduced duties, and among such articles wool 
was made significant because it entered into clothing, an article 
of prime necessity. The President's suggestion that the reduc- 
tion of the duty on wool would help to reduce the surplus 
revenue was answered by figures furnished by the tariff of 1883. 
In that year wool to the value of ;^8,9 15,149 was imported, the 
duty on which was ^3,206,201. During the fiscal year ending 



104a PROTECTION AND FREE TRADE. 

June 30, 1887, wool to the value of ;^ 18,206,988 was imported, 
on which a duty of ;^6,390,055 was collected. Yet the rate of 
duty on high grade wools was fully 10 per cent., and on low 
grade wools fully 15 per cent., lower under the tariff of 1883 than 
under the previous tariff of 1874. The effect of that reduction 
was manifest in another way, too. In 1883 there were 50,360,- 
243 sheep in the United States, yielding 262,000,000 pounds of 
wool. In 1888 there were 44,759,314 sheep, yielding 228,300,- 
000 pounds. As a leading protectionist jocularly put it : " If a 
reduction of 15 to 20 per cent, in the duty on wool slaughtered 
5,600,000 sheep in five years, how long would the remaining 
44,500,000 sheep survive an entire repeal of the wool duty?'" 

When the free-trader made his argument general, that reduced 
duties would reduce the revenue from customs, he was answered 
by figures from the Report of the Secretary of the Treasury 
showing that the customs' income from iron, steel and silk im- 
ports increased after the act of 1883, though that act lowered the 
rate of duty. The same with knit goods. In 1881, 1882, 1883 
the imports of knit goods were 1,318,807 pounds, paying a duty 
of ;^ 1, 722,483. The act of 1.883 lowered the duty on these goods 
from 10 to 15 per cent. Yet the years 1884, 1885, 1886 showed 
an import of these goods of 3,433,480 pounds, an increase of 
2,1 14,573 pounds, and a total duty of ;^3,6i7,864, or an increased 
revenue of ;^ 1, 894,88 1. Still more striking as to worsted goods. 
The act of 1883 itself, and what was claimed to be an erroneous 
classification under it, reduced the duty on worsted cloths 15 to 
20 per cent. In 1882 the importation of these cloths was valued 
at ;^500,ooo. In 1887 they were imported to the extent of 
;^5, 000,000. The increase of revenue from this 20 per cent, re- 
duction of duty alone was 500 per cent. 

To the free-trade doctrine that a reduction of duty lowers the 
price of home manufactures to the consumer, and an increase of 
duties raises their price to the consumer, the protectionist re- 
plied with facts and figures, all of which were curious and some 
of a startling nature. Confessing that if the free-trade position 
was a true one, the policy of protection could not but be a bad 
one, he challenged the free-trader to show a single manufactured 




^^- i.- 



GEORGE r. EDMUNDS. 



SAMUEL J. RANDALL. 




JOHN G. CARLISLE. 



JOHN J. INGALLS. 
106a 



106a PROTECTION AND FREE TRADE. 

commodity that was not cheaper in the United States to-day 
under our protective system than it was in i860 under the free- 
trade, or ''tariff for revenue only," system. He showed, further, 
by comparative figures, that nine-tenths of the manufactured com- 
modities used by the farmers and artisans of our country, such 
as clothing, household goods, furniture, implements of husbandry, 
tools, etc., are as cheap in this country as in England, and in 
many instances cheaper. This comes about naturally, for two 
reasons, one, at least, of which is often overlooked. 

(i) A heavy part of any duty imposed on imports is neces- 
sarily borne by the foreign producer who, in order to enter a 
protected market at all, must reduce the price of his goods and 
sacrifice a part of his usual profit. No one pretends to say that 
an English manufacturer of iron, woolens or silks would bill his 
goods to an American importer for as great a price under a high 
tariff as if the tariff was removed .and he had the whole market 
to himself This much then of the tariff tax is paid by the 
foreigner, and it is often a large per cent, of the duty imposed. 

(2) The balance of the tax, or duty, is more than met by the 
home manufacturer, by reason of the competition he is forced 
to encounter just as soon as home manufactories are estab- 
lished. 

Speaking of the American proposition to increase their rates of 
duty under the tariff act of 1842, Mr. Bright said in a speech in 
the English Parliament : ''America as an independent country 
has been a more valuable customer to England than she could 
possibly have been as a colony. On all the goods exported to 
America during the last quarter of a century you have made a 
net profit of 40 per cent." The American manufacturers of cot- 
ton, wool and silk goods cleared a very small per cent, profit from 
1883 to 1888, and it is very questionable whether an annual profit 
of over ten per cent, is now possible in this country on any 
thoroughly established manufacture. 

In 1 860 a square foot of plate-glass cost ^^2.50. A duty of about 
58 per cent, was placed on it by the tariff of 1 861. A square 
foot of plate-glass can now be bought for ;^i.oo. The industry 
has grown enormously and employs thousands of men at high 
wages. 




WM. D. KELLEY 



TUSTIN S. MORRILL. 




THOMAS B. REED. 



ROGER Q. MILLS. 
107a 



108a PROTECTION AND FREE TRADE. 

In i860 salt was free of duty. The price at Chicago was ;^2.oo 
per barrel. The tariff of 1861 placed a duty of 8 cents per 100 
pounds on it. It sold in Chicago in 1880 at 75 cents a barrel, 
and in remote Western marts in 1887 at 60 cents a barrel. 

In i860 there were three mills in the country running on 
worsted cloths at poor wages and with an insignificant output. 
The tariff act of 186 1 imposed a heavy duty on worsted products. 
In 1883 there were 5,000 looms, employing 75,000 workmen, 
consuming 50,000,000 pounds of wool, producing 15,000,000 
yards annually, with a capital of ^20,000,000. Worsted cloths 
were then 40 per cent, cheaper than in i860, and the total im- 
port was only ;^500,000. After the lower rate under the act of 
1883 the imports of worsteds increased to ;^5, 000,000 in 1887, 
and one-third of our looms were idle. 

In i860 pottery-making employed two to three thousand 
people, and carried a duty of 24 per cent. The tariff of 1861 laid 
a duty ranging from 40 to 55 per cent. By 1888 the industry 
existed in every State in the Union except Florida, and as much 
could be bought for ;^2.50 as for ;^4.oo in i860. 

The act of 1861 protected cotton goods heavily, and their price 
was never so low as in 1888. American cotton goods are the 
cheapest and best in the world's markets. In i860 only 4,000 
workmen were engaged in the silk business. Under the protec- 
tion of 60 per cent, afforded by the act of i86i,the industry em- 
ployed, in 1888, 40,000 workmen, ;^ 17,000,000 capital, and turned 
out a product of ;^50,ooo,ooo annually. Prices declined 56 per 
cent, on silk thread, 62 per cent, on handkerchiefs, 54 per cent, 
on ribbons, 50 per cent, on laces, and 30 to 35 per cent, on dress- 
goods. 

Until within a few years soda-ash was imported at a cost of 
;^48 per ton. A duty of y^ cent a pound brought English capital 
over to help develop the Syracuse salt region. In two years the 
price fell to ;^30 a ton, and the product competed with English 
soda-ash, though wages paid here was ;^i.75 per day and in 
England ;^i.oo. 

And so the protectionist multiplied his instances to show that 
duties did not necessarily increase the cost of goods to the con- 



PROTECTION AND FREE TRADE. 109a 

suraer, till he nearly exhausted the list of dutiable articles. It 
was admitted that sugar was an exception. It was simply an 
article upon which a quick and sure revenue could be raised. 
On this principle it had been made to stand a war rate of duty, 
which the protectionist now asked to have modified, but which 
the free-trader did not insist upon lowering, at least not until he 
had first secured a reduction on other classes of articles. 

The protectionist even carried his figures to the point of show- 
ing that entire removal of a duty and the introduction of an 
article to the free list did not necessarily eventuate in a cheap- 
ened price. He instanced tea and coffee. The former paid a 
duty of 15 cents a pound under the act of 1870 and the latter a 
duty of 3 cents a pound. The act of 1872 abolished both of 
these duties and made them free. Six months afterwards the 
common grades of both tea and coffee averaged a cent a pound 
higher, and neither have been so cheap since. Of the ten mil- 
lions of dollars which the coffee duty brought annually into our 
treasury we not only entirely deprived ourselves, but actually be- 
gan to pay it to the Brazilian government, which imposed an export 
tax on coffee just as soon as it learned that the United States 
had removed the duty from it. And this argument would hold 
true, said the protectionist, on every article not produced in the 
United States, or upon which the foreign producer could avoid 
our home competition. 

THE POOR MAN'S WAGES.— T\i^ free-trader drew this 
picture : " The poor man receives his wages at the desk of his 
employer, and perhaps before he reaches home is obliged, in a 
purchase for family use of an article which embraces his own 
labor, to return in the payment of the increase in price which 
the tariff permits the hard-earned compensation of many days 
of toil." The protectionist would allow no such bid as this for 
the favor of the poor man to stand, but showed by figures, cov- 
ering nearly every branch of industry, that the American laborer 
received as wages from 50 to 150 per cent, more than in Europe ; 
that food of every kind — beef, pork, mutton, flour, butter, cheese, 
bacon, etc., except sugar — ^^is cheaper in America than in European 
markets ; that clothing, cotton and woolen, worn by working- 



110a PROTECTION AND FREE TRADE. 

men, including blankets, etc., is as low here as in London or 
Liverpool. It is only the expensive grades of cloth and cloth- 
ing that cost in England and on the Continent less than in the 
United States. The quantity and quality of food of laboring 
men is confessedly greater and better here than in Europe. 
The American laborer does not travel eastward across the ocean 
to better his condition, but the European laborer comes to 
America, where labor is respected, and is better paid, fed and 
clothed than in any part of Europe or Asia. As to the Ameri- 
can workman, therefore, the question of the tariff is purely one 
of wages. There are many articles of manufacture which are 
nearly all labor. A ship is said to be 90 per cent, labor. A ton 
of coal, or of pig-iron, or even of Bessemer steel, is in great part 
labor. So of a long list of manufactures. Leave these articles 
unprotected by a duty, and the labor that enters into them and 
gives them their chief value is thrown open to competition with 
the cheaper labor of foreign countries. This the American 
laborer is not prepared to stand, for here he is a citizen, not 
ground down by caste, with tastes and ambitions of his own, 
perhaps paying off on a little home, or depositing in a savings 
bank, and trying to give his children opportunities he did not 
himself possess. 

MATERIAL G^i?6>H>T^.— The free-trader threw great stress 
on the argument that the tariff system conduced to organized 
combinations, such as trusts, to regulate the supply and main- 
tain the price of commodities. The protectionist replied, when- 
ever such result is proved, and is clearly traceable to the tariff, 
abolish the duty at once, and let such commodities come into 
competition with the world's goods. But beware of this heroic 
remedy, for it strikes at labor as hard as at monopoly. Labor 
itself is often in as formidable a combination as capital, and the 
blow may crush it. But unjust and unlawful combinations, 
whether of capital or labor, are not a necessary result of tariff 
legislation. They would exist without tariff laws, and the so- 
called trusts do exist in many industries unaffected by such laws 
; — as in petroleum, cotton-seed oil, domestic whiskey, etc. The 
mention of them by the free-trader was only for the purpose of 



PROTECTION AND FREE TRADE. l\la 

raising false impressions, and diverting attention from the real 
object of tariff laws and the substantial advantages of a protec- 
tive system. This could not be successfully done, for protection 
had reared monuments of industry, enterprise and development 
to such a height as that their summits could never be obscured 
by clouds of rhetorical dust about their bases. Pointing to the 
experience of the twenty-five years between 1861 and 1887, the 
protectionist asked judgment on the practical workings and 
grand results of his policy. What was seen therein was the 
fulfilled prophecy of such statesmen as Washington, Hamilton, 
Jefferson, Madison, Jackson, Clay, Webster, and Calhoun when 
in 1 8 16 he made his famous appeal in favor of the protection 
and importance of manufactures to the " national strength and 
perfection of our institutions," and in " binding more closely our 
widespread republic." 

And what was seen in reality was something which startled 
the world and vindicated the wisdom of that fatherhood which 
the government had chosen to extend toward enterprise and en- 
lightenment in the shape of industrial and commercial protec- 
tion. Despite the fact that during those twenty-five years mil- 
lions of men were, for four years, turned from producers into 
destroyers, that human lives were sacrificed by the hundreds of 
thousands, that treasure was expended and property destroyed 
by the billions of dollars, the country increased in population at 
the rate of 1,000,000 a year, or at ^ greater rate than England, 
France, Germany and Austria combined. Our wealth grew from 
;^ 1 7,000,000,000 to ;^43 ,000,000,000, or at the rate of nearly 
;^ 1, 000,000,000 a year. Mulhall, the English statistician, who 
shows no favor to us, says this republic for a quarter of a cen- 
tury has laid up every year ;^885, 000,000 — almost half as much 
as the saving of the whole world. He gives the last annual 
product of Great Britain's manufactories, mines and forests as 
;^4, 5 00,000,000, an increase of 30 per cent, since 1850. The 
same products in the United States, as appears by the census of 
1880, were valued at ;^5, 500,000,000, an increase of 160 per cent, 
since i860. Since i860 our farms have doubled in number, 
increased in value from ;^6,ooo,ooo,ooo to ^10,000,000,000, while 



112a PROTECTION AND FREE TRADE. 

their product has increased from ;^ 1,800,000,000 in i860 to 
;^ 3, 600,000,000 in 1880. 

In 1880 the entire product of Great Britain, farms and all, was 
;^6, 200,000,000, or ;^ 1 72 to an inhabitant. She exported during 
that year ;^ 1,300,000,000, leaving consumed at home ;^ 136 to an 
inhabitant. For the same year the entire product of the United 
States was valued at ;^ 10,000,000,000, or ;^200 to an inhabitant. 
Of this vast product ;^9, 1 76,000,000 were consumed at home. 
Our home market consumed more than Great Britain's home 
consumption and exportation combined, and more than double 
the combined exports of Great Britain, France, Germany, Russia, 
Holland and Austria. Beside this amazing consumption of 
home products we imported from other countries, in 1887, goods 
to the value of ;^700,ooo,ooo, as against ^335,000,000 in i860; 
and exported goods to the value of ;^7 5 0,000,000, as against 
;^373, 000,000 in i860. 

In the light of these stupendous facts the protectionist claimed 
that all free trade arguments must appear weak and trivial, and 
this especially when they were aimed at a system which, con- 
ceding all its incongruities and shortcomings, had become 
thoroughly grafted into our business thought and habits, had 
for a generation produced a bounteous stream of revenue, ena- 
bling us to meet the vast expenditures of civil war, sustain and 
improve the public credit, "and rapidly reduce a public debt of 
enormous proportions without severity or distress, and that had 
increased and diversified our manufactures till they produced 
every article of necessity or desire at a gradually reduced cost 
to the consumer, at the same time making easy and rapid car- 
riage and intercommunication possible by extending the railroad 
mileage of 30,600, in i860, to 137,000, in 1888, or more than 
six times the mileage of Great Britain. 



